Carriers’ liability in the European Union in the era of migration and the refugee crisis

Abstract

The presented article attempts to put carrier sanctions policies in a perspective of the migration and refugee crisis in the EU. The development, motives and rationale of carriers’ liability are explored to highlight the process of privatisation and offshoring of immigration control at the level of the EU and its Member States. The article is based on an extensive review of documents and the literature related to the carrier sanctions policy and the migration crisis. An interdisciplinary approach based on European Studies is mostly applied. The migration and refugee crisis is examined as one of the most relevant factors shaping the carrier sanctions policy in the EU. The current legal and political context is presented, including binding international and EU regulations related to carriers’ responsibilities. The link between the carrier sanctions and visa policy is explored, as well as main arguments for and against maintaining the measures concerned. The paper argues that carriers sanctions constitute a relevant supporting tool for the national and EU visa policy. Aimed mostly at curbing migratory flows and combating illegal immigration, carriers’ liability legislation may lead to exclusion from access to a fair and efficient asylum procedure.