Chapter

The Schengen Borders Code: Securitized Admission Criteria as the Centrepiece of Integrated Border Management—Instilling Ambiguity

Violeta Moreno-Lax

in Accessing Asylum in Europe

Published in print September 2017 | ISBN: 9780198701002
Published online October 2017 | e-ISBN: 9780191770517 | DOI: http://dx.doi.org/10.1093/oso/9780198701002.003.0003

Series: Oxford Studies in European Law

The Schengen Borders Code: Securitized Admission Criteria as the Centrepiece of Integrated Border Management—Instilling Ambiguity

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This chapter scrutinizes the rules on entry and pre-entry established by the Schengen Borders Code (SBC) that the other ‘integrated border management’ measures seek to implement. The Code constitutes a ‘common corpus of legislation’, providing the general regime that governs the movement of persons across EU borders. The chapter follows a methodology that is replicated in subsequent chapters of this part: It starts by setting out the origins of the instrument(s) concerned, covering the Schengen legacy, the Maastricht period, and developments post-Amsterdam. It then concentrates on the analysis of the legal provisions currently in force and the conditions they impose on entry and pre-entry generally, before engaging in the study of their particular impact on asylum seeker flows. The legal structure, specific content, and practical implementation of the measure(s) at hand are considered in detail, allowing for comprehensive assessments of their (legal and factual) effects on protection seekers’ access to EU territory.

Keywords: Schengen Borders Code; Common Manual; SBC; movement of persons across borders; admission criteria; entry conditions; pre-entry conditions; access to territory; undifferentiation; border abroad

Chapter.  20880 words. 

Subjects: Human Rights and Immigration

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