External Migration and Asylum Management: Accountability for Executive Action Outside EU-territory

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2017 2(2), 571-596 | Article | (Table of Contents) I. Introduction. - II. EU visa policy. - II.1. Judicial review of decisions. - II.2. Judicial review in case of representation. - II.3. Humanitarian visa. - II.4. The extra-territorial applicability of the Charter. - III. Refugee resettlement. - III.1. EU Resettlement initiatives. - III.2. Resettlement in the refugee crisis. - III.3. Proposal for an EU resettlement mechanism. - III.4. Applicability of the Charter of Fundamental Rights to EU resettlement. - IV. Frontex coordinated joint operations in third country territory. - IV.1. Frontex as an executive actor. - IV.2. Responsibility for fundamental rights violations. - IV.3. Fundamental rights accountability mechanisms. - IV.4. Frontex as an external executive actor. - IV.5. Accountability for fundamental rights violations on third country territory. - V. Conclusions. | (Abstract) EU migration and asylum law, an area of administrative law par excellence, has from the moment that the EU acquired competences in this field, had a very strong external dimension. By looking at three areas of EU migration and asylum policy: visa policy, refugee resettlement and border management through Frontex operational activity, it will be shown that, notwithstanding significant improvements, a restrictive interpretation of the scope of EU law and the multi-level structure of EU executive action continue to pose challenges in holding the EU and its Member States to account.

Keywords

• eu migration and asylum policy
• external dimension
• executive action
• charter of fundamental rights of the european union
• accountability mechanisms
• cooperation with third countries