基本説明
This volume examines the extent of the Community power to control (or not) the movement of persons across borders.
Full Description
Borders define territories within which identities and order are described and delineated. The triptych of indentities, borders and orders is central to understanding the nature of sovereignty and the relations between countries. Nowhere is this more apparent than in the European Union. The changing definition and placement of the border is one of the most striking features of the recent transformations of the Union. The definition of what a border is and where it is for persons has moved out of the territory of national sovereignty and has become the preserve in law of the European Community. The enlargement of the European Union towards the countries of Central and Eastern Europe has created new challenges for the concept of borders in the EU. This volume examines the extent of the Community power and the legal meaning of the EU's borders, as well as the ways to control (or not) the movement of persons across borders. It considers the legal texts - EC law on visas, the Regulations on visas, the meaning of borders for persons in Community Law, the Schengen acquis and its incorporation into the EC Treaty (and where appropriate the TEU); national practice and its transformation with the insertion of the private sector's responsibility for the control of borders and judicial control. The point of departure is the perspective of the individual who is seeking to cross these borders.
Contents
In Search of Europe's Borders: Article 62 EC, Visas and European Community Law; K. Groenendijk, E. Guild. 1. What Are EU Frontiers For and What Do They Mean?; M. Anderson, D. Bigo. 2. Locating Europe; J. Crowley. 3. EU Borders and Globalisation; S. Peers 4. Defining the EC Borders; W. Weiß. 5. The Border Abroad: Visas and Border Controls; E. Guild. 6. No Right of Entry: The Legal Regime on Crossing the EU External Border; I. Cholewinski. 7. New Borders Behind Old Ones: Post-Schengen Controls Behind the Internal Borders and Inside the Netherlands and Germany; K. Groenendijk. 8. Paradise Lost? Exclusion and Expulsion from the EU; T. Eicke. 9. How Many Borders in the EU?; K.U. Kjaer. 10. Before the EU Border: Remote Control of the "Huddled Masses"; V. Guiraudon. 11. Adjudicating the External Schengen Border; H. Staples. 12. The Consequences of Accepting EU Identity: The Case of Hungary and Ethnic Minorities; J. Tóth. 13. Insiders and Outsiders in the Enlargement of the EU Borders: Bulgaria; E. Jileva. List of Contributors. Index
