L’esternalizzazione delle frontiere esterne dell’UE: stato dell’arte e prospettive future

Abstract

The externalization of the EU external borders: state-of-art and prospects – In recent years, the externalization of borders has been implemented (also) by the EU. Its "external borders" have been controlled (1) directly by the Member States, and (2) by involving third States in the extraterritorial management of migrants intending to enter the Schengen Area. On that premise, the contribution aims to consider the contents, the instruments, and the criticalities of the European externalization policy, highlighting how the infringement of the migrants’ human rights in third States could determine the EU pro quota international responsibility. This contribution also considers future developments of the externalization of the European borders, also regarding the new EU Pact on Migration and Asylum of 2024.

Keywords: EU jus migrandi; Externalization of borders; International treaties; Soft law; International responsibility