External Borders Research Articles

Counteracting Irregular Migration in the European Union as a Priority of Poland’s Position on the New Pact on Migration and Asylum

The analysis aims to reconstruct, explain and evaluate the position of the Polish government on the essential elements of the EU migration and asylum policy proposed by the European Commission in the New Pact on Migration and Asylum. Thus, the article discusses the potential priorities and objectives of the EU migration and asylum policy from the point of view of the Polish government, articulated both during the ongoing work on the EC document (2018–2020) and after its publication in September 2020. However, the article is not intended to present the Polish government’s position on the particular, detailed solutions contained in the legislative proposals of the EC due to the New Pact on Migration and Asylum. Although, it allows identifying what the Polish side considers desirable, tolerable and acceptable, and what is utterly unacceptable in terms of the proposed changes to EU migration and asylum policy. Therefore, the main priorities of the Polish government regarding the reformed policy are indicated and explained. The first two concern counteracting irregular immigration by enhancing the protection of external borders and intensifying cooperation with third countries (in particular as concerns readmissions and returns), which means approving the postulates of the EC. At the same time, the third priority opposes the EC’s proposal addressing asylum issues.

Ceuta, Melilla Gibraltar y el Sáhara Occidental. Estrategias españolas y europeas para las ciudades de frontera exterior en África, y los peñones de Vélez y Alhucemas

CEUTA, MELILLA, GIBRALTAR AND WESTERN SAHARA. SPANISH AND EUROPEAN STRATEGIES FOR THE EXTERNAL BORDER CITIES IN AFRICA, AND THE ROCKS OF VÉLEZ AND ALHUCEMAS In Spain-Morocco relations, there is an imbalance in favour of Morocco in the territorial issues of the bilateral relationship. Various measures to consolidate and strengthen Ceuta and Melilla in the European Union are analysed, with short, medium- and long-term strategies that take into account the interests of the cities and Spain in the Strait of Gibraltar Area and Region.The objective of consolidating the EU in Spain’s Cities, Islands and Rocks on the African coast must be permanent in Spanish action, especially after the Ceuta crisis of 2021, with Morocco’s use of mass immigration as a diplomatic weapon against Spain; and the subsequent Spanish shift to Western Sahara in 2022. These events confer a certain international-legal precariousness on Ceuta and Melilla, given Spain’s lack of reaction to Morocco’s serious breaches of its international obligations.This paper analyses short- and medium-term strategies, such as the establishment of a European outermost region, and especially proposes the creation of a specific status in the EU adapted to the needs of Ceuta and Melilla, as ‘EU External Border Cities in Africa’, given the absolutely unique nature of their circumstances in the European and Mediterranean context.Long-term strategies that can serve to strengthen the Cities and serve Spain’s interests in the Strait region are also analysed. These include the possible analogy of future solutions for Gibraltar as an internationalised city linked to the EU. Along the same lines of the search for strategies, the possible geostrategic interest for Spain of the option of dividing up the Saharan territory, proposed by the UN Secretary General in 2002, as one of the options for resolving the Western Sahara conflict, is analysed. Finally, it analyses the situation of legal limbo in which the islands and rocks, particularly the rocks of Vélez and Al Hoceima, find themselves in Spanish law. The need for a policy of ‘Lawfare’ is raised, intensifying Spanish and European normative references. It is also proposed to consider new functions and meanings for the Peñones as places of memory and historical interpretation of the Rif wars of the 19th and 20th centuries.

Посилення охорони та захисту державного кордону в умовах масового напливу мігрантів

The article analyzes the current state of the threat of illegal migration on the Ukrainian-Belarusian section of the state border in the context of the inspiration of the migration crisis on the external borders of the European Union by special services of russia and belarus, and identifies appropriate ways to counteraction. Modern transformational processes in the system of European security caused by russia’s open armed aggression against Ukraine have led not only to the expansion of the range of threats to Ukraine’s national security, but also to the strengthening of existing border security problems that require immediate and adequate response. The above-mentioned determines the relevance of this study, which lies in the need to identify measures that should be implemented to strengthen the protection of problematic areas of Ukraine’s state border in the face of russia’s open armed aggression and the likely increase in the threat of illegal migration. Considering the threat of illegal migration in the abovementioned context, it becomes clear that the next study of the world community’s response to armed aggression and other brutal violations by the kremlin of fundamental principles of international security. The author noted that timely and adequate response to the possible realization of the threat of illegal migration at the state border is a strategic task facing Ukraine. However, the author emphasizes that this threat may be longterm. Therefore, the security and defense agencies of Ukraine must be ready for the increase in the activity of organized crime related to the illegal transportation of illegal migrants to the EU through Ukraine. It is stated that the direction of further research on this issue should be to find effective state mechanisms that would ensure timely and adequate response to threats to national security at the state border related to irregular migration and combating its consequences. Key words: armed aggression; national security; border security; irregular migration; migration crisis; current threats; state border.

Wpływ kryzysu migracyjnego w Unii Europejskiej po 2015 roku na kierunek i zakres aktywności Fronteksu

The migration crisis, which intensified after 2015, forced the European Union to take measures to adapt its agencies to the new tasks ahead. The article describes the path that Frontex has gone through in adapting to the requirements placed on it in the current migration crisis. The author shows the essence of the functioning of Frontex before 2015 and the changes that have occurred in the subsequent years of its operation. The article is largely based on the data presented in the Special Report, “Frontex support for the management of external borders – insufficient effectiveness has been ensured so far” prepared by the European Court of Auditors.

Speciális régiótípusok az Európai Unió regionális egyenlőtlenségeiben

n the regional policy of the European Union, the importance of regional typologies linked to specific geographical elements has varied over the past decades. This article shows that since the 1990s the role of these specific regional typologies, and thus of regional characteristics, in European regional policy has been declining. However, the analysis of a wide range of socio-economic data reveals that some types of regions (sparsely populated regions, outermost regions, external border regions) are in a particularly unfavourable socio-economic situation, while others may need specific support not at European but at macro-regional level (for example, the coastal regions of the Mediterranean). The article concludes that, although the value of GDP per capita is indeed only marginally explained by the different regional typologies, broadening the concept of underdevelopment and recognising macro-regional challenges could be a priority for the European Union.

Fundamental Rights as the Cornerstone of Schengen

Abstract Although the Schengen Border Code (SBC) explicitly obliges Member States to apply the Schengen rules in full compliance with the fundamental rights, Member States’ adherence to this obligation can be questioned in light of recurrent and reliable reports about fundamental rights violations at the EU’s external borders. This contribution will examine why, apart from the deficiencies in the SCHE-VAL mechanism, the current response towards fundamental rights violations at the border is ineffective. First, it will analyse the legal framework, including the implementing rules, to see if additional guidance is needed. Second, the enforcement mechanisms will be examined: how are violations being addressed at the national level, and how does the EU Commission perceive and fulfills its role regarding enforcement of compliance? As the Commission has often referred to the monitoring mechanism as proposed in the draft Screening Regulation, the contribution will examine to what extent this New Pact file will help to resolve the current impunity. Finally, the article will analyse the role of Frontex regarding human rights violations by Member States. What is their responsibility, how do they perform it, and who is enforcing compliance by Frontex?

Schengen and the Administration of Exclusion: Legal Remedies Caught in between Entry Bans, Risk Assessment and Artificial Intelligence

Abstract To create an area in which persons can move freely, the Schengen states committed to control their external borders to prevent irregular immigration and the entry of third-country nationals (TCN s) who are considered to be ‘a public order and security risk’. The exclusion of ‘unwanted aliens’ can be based on the mutual enforcement of national decisions, such as entry bans reported in the Schengen Information System, or objections against the issuing of a Schengen visa, based on the consultation procedure in the Visa Code. This contribution focuses on the right of TCN s to have access to effective remedies, both with regard to existing and newer mechanisms of exclusion. It argues that when dealing with the use of large-scale databases and risk assessment as basis for excluding admission, existing rules and case-law by the CJEU should be taken into account to ensure access to effective judicial protection for TCN s.

Consolidating the European asylum regime’s coercive trajectory until the pandemic

How have European asylum policies developed during the COVID-19 pandemic, from the perspective of the long-term political trajectory of the European asylum regime? When the pandemic broke out, EU member states had for three decades been trying to resolve the shortcomings of the 1990 Dublin Convention. The weaknesses in the regime persisted both due to the overloading of frontline member states and the efforts to control secondary flows of asylum seekers within the EU. The pandemic has provided neither a hiatus nor a turning point in this regard but has produced a fluid situation that precipitated the United Kingdom’s withdrawal and the consolidation of the long-term trend of coercion of asylum seekers, between member states and at their external borders.

Conditions for Development of the Entrepreneurial Ecosystem in Tourism in the Border Area of the European Union: The Example of the Tri-Border Area of Poland–Belarus–Ukraine

The aim of this work is to study the conditions for developing the entrepreneurial ecosystem of regional tourism at the external border of the European Union, in Poland, and its contact points with two non-Union countries (Belarus, Ukraine). The research used a literature review, qualitative and quantitative analyses of the conditions for the development of entrepreneurial ecosystems, interviews with local ecosystem actors and the author’s own observations. The eastern border of Poland (formerly with the USSR) created a barrier to the socio-economic development of adjacent regions. Their peripheral nature has allowed preserving their precious nature value and multicultural heritage. Currently, this preservation constitutes grounds for sustainably developing the region’s tourism. The primary actors of the tourism-based entrepreneurial ecosystem are local governments, public institutions, non-governmental organisations and entrepreneurs. An impetus for activities thereof was granted by Poland’s accession to the EU and its access to Union funds, which has reinforced tourism infrastructure by contributing to the establishment of new tourism enterprises. Furthermore, the development of tourism in the region could also be favoured by the close neighbourhood of as many as two other countries; however, and unfortunately, the border is still a barrier. Apart from the lack of infrastructure allowing borders crossings, political instability in neighbouring countries—made explicitly visible at the border with Belarus in 2021—threatens border-driven tourism by restricting tourism entrepreneurship, especially in those activities based on the access to the border.

Decoding the multiplex structure of border region networks: the case of the EU border of Turkey

ABSTRACT Border regions have multi-layered and complex network structures consisting of transnational flows with spatial, social and administrative constraints. Despite these constraints, the cross-border relationships formed by the actors of these regions for different purposes create multiplex networks. This study conducts a comparative analysis of flows in border regions by extending the single network approach to a multiplex network approach and carries the subject of the border regions to an interdisciplinary perspective since it covers international relations, governance, local policy, regional concepts, as well as socio-spatial analysis. It contributes to a better understanding of these spatially and administratively bounded regions by developing a framework with two main dimensions: structure of relations and relational patterns. The socio-spatial relations in the external border of the European Union (Greece and Bulgaria) with Turkey are analyzed and the structural features as complex systems are discovered by topological and morphological understanding of complex networks. The findings highlight the significance of the multiplex dynamics of border region networks, which are more than the sum of single layer dynamics and help to better understand complex relations at the aggregate network level.

ONCE MORE ABOUT THE MAIN FUNCTION OF THE ARMENIAN PITIASHKHS (BDEAŠXS)

At present, it can be assumed with great confidence that the main function of the Armenian pitiashkhs-governorships was mi¬litary. They were responsible for protecting the external border of neighboring small allied states, and in this matter the entire ar¬my of the satellite state was subordinate to them. Thus, the pitiashkhs of Gugarq were responsible for pro¬tec¬ting the external border of the kingdom of Iberia (Virq), the pi¬tiashkhs of Ałdzniq were responsible for protecting the external border of the kingdom of Osroene (Edessa), the pitiashkhs of the Nor-Shirakan sides were responsible for protecting the external bor¬der of the kingdom of Adiabene (Assyria), and the pitiashkhs of Kor¬duq were responsible for protecting the external border of the kingdom Aruastan (Migdonia). As compensation for their ser¬vice, the pitiashkhs received control over small areas of the neighboring satellite states. Probably, such an Iranian institution of pitiashkhs was introduced in Armenia by Tigran II during the acceptance of the rights and duties of the king of kings. Analysis of information from Armenian sources shows that several border principalities / governorships also had similar pi¬tiashkh functions. Thus, specific rela¬tions were formed between some individual pitiashkhs of the Ar¬menian Kingdom (the bdeašxs) and neighboring states, which sometimes led to sepa¬ra¬tist tendencies. One of the striking examples of this is the relationship between the Armenian principalities / governorship of Gardman on the right bank of the Kura River and the kingdom of Albania Proper on the left bank of the Kura. In the 4th century the principalities / viceroyalties of the Eas¬tern side of Armenia (Gardmanatsiq and Gorozuayq - “Gargara¬tsiq” who were separated from Syuniq) - on behalf of the king of Greater Armenia, performed military pitiashkh functions with respect to the Albanian and Bağasakan kingdoms on the left bank of the Kura, bearing supreme responsibility for the pro¬tec¬tion of their external (northern) borders.

Development of Cooperation between the Czech Republic and Georgia at the Beginning of the XXI Century

Since 1993, after the collapse of Czechoslovakia, the Czech Republic and Georgia began to build bilateral relations. Geographic farness, weak economic contacts did not contribute to the expansion of bilateral cooperation between the parties. The author emphasizes that the Czech Republic from the very beginning has been supporting Georgia’s territorial integrity, standing for official Tbilisi in its conflict with Abkhazia and South Ossetia. This topic has not found wide coverage in modern scientific literature, so the present research has significant practical importance. The article outlines the current situation in the South Caucasus, the policy of the European Union in the region and Georgia’s integration into the world economic and political space. In 2008, the EU and its individual members intensified their policy in the field of expanding cooperation with the states of the South Caucasus, including Georgia, which has significantly advanced towards building a civil society. The Czech Republic, taking an interest in the uninterrupted supply of energy resources through the territory of Georgia, seeks to stabilize the situation inside the country and on its external borders. The author concludes that relations between the Czech Republic and Georgia are developing not only within the framework of expanding contacts between the EU and Tbilisi. The Czech Republic is becoming one of the leading European investors to Georgia, especially in energy, agriculture and tourism. The Czech Republic contributes to strengthening of the institutions of civil society in Georgia.

Wykorzystanie turystyczne budynków przeciętych granicami państw – trzy studia przypadków: Wolna Biblioteka i Opera Haskell, Hotel Arbez oraz schronisko Purtschellerhaus

The aim of the paper is to show the meaning and symbolism of the state border crossing individual buildings. To achieve this goal, three facilities were selected, located in different parts of the world: two in Europe (including one on the internal EU border – the Purtschellerhaus mountain hut, and the other on a specific, external border – the Arbez Hotel) and one in North America (the Haskell Free Library and Opera House). The main two methods used in the study were literature analysis and field research (in 2017–2019, at least one unstructured in-depth interview was conducted in each of the facilities). An additional element was also the analysis of the content of websites of the researched objects and available marketing materials. It was found that among many objects – of a different scale and importance – crossing the state border, small point objects have local significance. Their belonging to two countries shows the specificity of international relations on a microscale. These facilities are of great importance in shaping cross-border relations, they are important centers of local culture and important tourist attractions.

International legal experience in combating illegal migration by sea

This article highlights the impact of international law on the global process of illegal migration, reveals a number of international problems related to international migration, in particular by sea, identifies the main factors influencing illegal migration in general, indicates the state of illegal migration in various European Union countries. attention is paid to such important international legal instruments as the Schengen Agreement of 1985 and 1990, the Dublin Convention of 1990, the Maastricht Treaty of 1992 and the Treaty of Amsterdam of 1997. The article also focuses on the European Union agency, which deals with the protection of external borders and their protection from illegal migrants, in particular, by sea.The analysis of theoretical and practical aspects of combating illegal migration by sea at the international level, as well as in the development of scientific and theoretical approaches to solving migration problems, characterizes the legal regulation of combating illegal migration by maritime transport and maritime participation established intergovernmental bodies. The main tools of the European Union to combat illegal migration by sea, which can be used to improve the legal regulation of migration authorities of other countries, as well as substantiate the organizational and legal framework of European countries in the field of legal support to combat illegal migration by sea.The actions of European states represented by the relevant state bodies in solving the problems of illegal migration with the help of merchant fleets of European countries are studied. The article pays attention to the influence of illegal migration on the formation and change of legal awareness of society, as the beginning of the formation of criminogenic factors among illegal migrants in the host country.

MHD darcy-forchheimer nanofluid flow and entropy optimization in an odd-shaped enclosure filled with a (MWCNT-Fe3O4/water) using galerkin finite element analysis

MHD nanoliquid convective flow in an odd-shaped cavity filled with a multi-walled carbon nanotube-iron (II, III) oxide (MWCNT-Fe3O4) hybrid nanofluid is reported. The side walls are adiabatic, and the internal and external borders of the cavity are isothermally kept at high and low temperatures of Th and Tc, respectively. The governing equations obtained with the Boussinesq approximation are solved using Galerkin Finite Element Method (GFEM). Impact of Darcy number (Da), Hartmann number (Ha), Rayleigh number (Ra), solid volume fraction (ϕ), and Heated-wall length effect are presented. Outputs are illustrated in forms of streamlines, isotherms, and Nusselt number. The impact of multiple parameters namely Rayleigh number, Darcy number, on entropy generation rate was analyzed and discussed in post-processing under laminar and turbulent flow regimes.

Whose Sidewalk?

Home is a nodal point in a series of polarities, including family-community; space-place; inside-outside; private-public; domestic-social. These may not be stable but seem both solidified and undermined as they play out their meaning and practice in and through the home. The “public” is traditionally the state’s domain, while the “private” the citizens’. But where does “private” end and “public” begin? Can a border or boundary be placed between the two? Is such a boundary culture-specific or universal? Is it static or dynamic? Scholars often perceive borders as barriers and bridges, porous and impenetrable, and border studies have shown that urban entities have their own internal and external borders. I argue that such internal urban micro-boundaries can be found in the domain of domestic space, separating the private from the public, and that they are dynamic and constantly negotiated. Not necessarily marked, they are acknowledged by a mutual and tacit agreement, a social and cultural consensus. In this paper, I focus on common expansions of private into public space in Limassol, Cyprus, and the ways in which, this social consensus is achieved through the use of several tactics. As I illustrate, all these tactics seem to transform public space into private, on a symbolic level. The paper’s contribution lies in the examination of this type of boundary, which has received little academic attention, as well as in the introduction of the term “tactics of inhibition.”

Problemy i perspektywy rozwoju syberyjskich terytoriów śródlądowych w kontekście rosyjskiej morskiej aktywności gospodarczej

In the 21st century, not only is Siberia the most important macroregion of Russia, the most extensive in its territory and significant in terms of natural resource potential, it is also one of the key objects of Eurasian geopolitics. The article shows the “sea factor’s” significance in its influence on the formation of ideas about the external borders of Siberia, as well as substantiates the conjugation of the socio-economic development of Siberian regions with the markedly increased maritime activity in the Russian Federation since the beginning of the 2000s (first of all, with the port economy and extraction of hydrocarbons on the sea shelf). Based on the application of statistical, comparative-geographical and cartographic research methods, it is shown that it is precisely due to the post-Soviet geo-economic and geopolitical processes (including Russia’s accelerated entry into the global “oceanic” economy) that the duality of Siberia’s position in the “continental-oceanic dichotomy” is more clearly manifested. This is characterized by the continuing Druzhinin A.G., Dets I.A. (2021). Problems and prospects of Siberian inland territories’ development in the context of Russian marine economic activity. Czasopismo Geograficzne 92(1): 5–24. https://doi.org/10.12657/ czageo-92-01 Otrzymano/Received: 21.05.2021 Zaakceptowano/Accepted: 10.08.2021 Alexander Georgievich Druzhinin, Igor Andreevich Dets WERSJA REDAKCYJNA 6 Alexander Georgievich Druzhinin, Igor Andreevich Dets “stratification” of Siberian territories into the “continental” ones (including those that were in the sphere of influence of the hinterlands of the largest seaports) and the coastal ones (both with historically established and newly formed centers of marine economic activity). Particular attention is paid to the possibilities and priorities of the conjugation of Russia’s “maritime” strategies (primarily in the Arctic) and efforts to mitigate the negative economic effects of the “continentality” of Siberian territories.

A “New Normal” for the Schengen Area. When, Where and Why Member States Reintroduce Temporary Border Controls?

ABSTRACT This article investigates the reintroduction of temporary border controls in the Schengen Area. The Schengen Borders Code (SBC, Article 25 et seq.) allows signatory states to reinstate temporary border controls in specific circumstances that constitute a serious threat to public policy or internal security either due to foreseeable events (Art. 27), situations that require immediate action (Art. 28) or exceptional circumstances caused by deficiencies at the external border (Art. 29). In response to successive “polycrises”, signatory states have made ample use of this previously rarely-used policy instrument. This article explores the reasons for temporary border controls, their extent and duration, in order to address when, where and why member states reintroduce them. The novel data is based on notifications that Schengen members use to inform the EU Commission about their intent to reintroduce temporary controls at their land borders (1999–2020). The analysis finds that member states expanded the use of temporary border controls in terms of number and duration, as the intended purpose of temporary border controls shifted from the protection of specific events to immigration control.

Return Sponsorships in the EU’s New Pact on Migration and Asylum: High Stakes, Low Gains

Abstract The concept of ‘return sponsorships’ is central to the European Commission’s New Pact on Migration and Asylum, and its ambition to deliver a “fresh start on migration”. Enabling a system of mandatory yet flexible solidarity, the concept is designed to overcome the opposing viewpoints that have long marked political discussions over responsibility-sharing within Europe. This article critically considers whether return sponsorships can work in practice. It identifies three challenges. First, the proposal’s envisioned solidarity measures lack predictability and tangibility. Second, return sponsorships will create new vulnerabilities for those issued return orders. Third, the mechanism is informed by the improbable assumption that more conditionalities vis-à-vis third countries will substantially increase the EU’s return rate. Overall, the Commission is taking a considerable risk. The return sponsorship concept will likely prolong the polarised discussions among Member States and provide only modest support to countries at the EU’s external border.

Border Walls, Pushbacks, and the Prohibition of Collective Expulsions: The Case of N.D. and N.T. v. Spain

Abstract This essay explores the impact of N.D. and N.T. v. Spain on the ECHR system. The case deals with the immediate return of aliens at Melilla’s border fence. Based on conceptual analysis, the author submits to critical scrutiny the arguments developed by the ECtHR. The Court’s reasoning is framed within the riveting interdisciplinary debate on external border control. The Grand Chamber’s final decision reduces the scope of the protection offered by Article 4 Protocol 4, for it introduces a highly indeterminate exception to the prohibition of summary returns at the border. The author suggests that this solution might favor non-entrée strategies and promote the current trend of externalizing the asylum procedures. Introducing broad exceptions to the prohibition of collective expulsion, especially if coupled with strong presumptions in favor of States, increases the effectiveness of border walls qua accountability waivers.