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Extraterritorial Migration Control And Human Rights: Preserving The Responsibility Of The Eu And Its Member States

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Chapter Summary

This chapter only describes measures taken explicitly to control the immigration of third-country nationals to the EU, it is clear that (extraterritorial) border control measures do not envisage immigration control solely. It describes several developments of external and extraterritorial border controls which entail a risk of &t;shifts of responsibility&t;, while interfering with the human rights of individuals. The chapter considers different provisions in adopted and proposed measures dealing with the responsibility and liability of Member States towards individuals. It then analyses the extraterritorial effect of the rights enshrined in the European Convention on Human Rights (ECHR) - generally, and in the context of immigration decision-making. In the conclusion, some recommendations are made to safeguard the extraterritorial protection of human rights, including the right to access to justice, enabling individuals to enforce their rights.

Keywords: ECHR; EU; extraterritorial border controls; human rights; immigration; legal framework; Member States



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