Knowledgebase

Number of results: 9

The European Integrated Border Management Concept- SOURCE legal card

Document type: 
Legal Trend card
Authors / Institution: 
Publisher / Publication: 
CEPS for the SOURCE project
Abstract: 

The integration of border management at the European level is expressly foreseen in EU primary law.

 Article 77(2)(d) of the TFEU includes the progressive introduction of a European IBM system among the goals to be achieved by the EU policies on borders checks, asylum and migration

The European Integrated Border Management (EIBM) concept constitutes a part of the strategy that the EU has progressively elaborated “to compensate” for the abolition of internal borders within the Schengen areais. This concept is based on the assumption that strengthened operational and technical cooperation at the EU external borders is necessary for both facilitating the legitimate movement of goods and persons and for the detection, prevention and reduction of irregular migration and cross-border crime

The implementation and future development of the European IBM concept falls under the “shared responsibility or competences” between EU and Member States’ actors. It must go hand-to-hand with Lisbon Treaty standards, the EU Charter of Fundamental Rights, and EU secondary (Schengen-related) legislation – and in particular the SBC

 

SOURCE Legal Card – Internal Border Controls in the Schengen Area

Document type: 
Legal Trend card
Authors / Institution: 
Publisher / Publication: 
CEPS for the SOURCE project
Abstract: 

The Schengen Borders Code (Regulation (EU) 2016/399) provides the legal framework for a common approach within the Schengen area for internal and external border controls.

The guiding principles of the Schengen Borders Code (SBC) are the absence of internal border controls and common rules on external border controls (Art. 1 SBC).

As of December 2018, 22 of the 28 EU Member States, excl. Bulgaria, Croatia, Cyprus, Ireland, Romania and the UK, as well as Iceland, Liechtenstein, Norway and Switzerland, participate in the Schengen Area.

The absence of internal border controls espoused in the SBC entails that all persons may travel freely within the Schengen area without being subjected to border checks (Art. 22 SBC). Member States remain entitled to police checks (as long as they do not have an equivalent effect to border checks), security controls at sea- and airports, and checks relating to the legal obligation to carry a valid papers and document (Art. 23 SBC).

Under exceptional circumstances, the Schengen Borders Code provides for the possibility to temporarily reintroduce controls at the internal borders (Artt. 25-35 SBC). Internal border controls may be temporarily reintroduced only as a last resort (Art. 25(2) SBC), must comply with the criteria for their temporary reintroduction (in accordance with Artt. 26 and 30 SBC), and must follow the proper procedure and limitations (under Artt. 27-29 SBC).
 

SOURCE Legal Card – Tackling disinformation and ensuring free and fair elections in Europe

Document type: 
Legal Trend card
Authors / Institution: 
Publisher / Publication: 
CEPS for the SOURCE project
Abstract: 

In March 2015, the European Council called on the HRVP to work together with Member States and EU institutions to “challenge Russia’s ongoing disinformation campaigns”.

This led to the establishment of the East StratCom Task Force in the European External Action Service (EEAS)

In March 2018, a whistleblower from Cambridge Analytica revealed how the data analytics firm harvested personal information from mullions of Facebook profiles without permission. Using this personal information, Cambridge Analytica had built a system in order to profile individual voters, which was then used during the 2016 US Presidential elections and the UK Brexit Referendum in order to target voters with personalised advertisements (micro-targeting).

Following the revelations in the “Facebook/Cambridge Analytica” scandal, the European Commission issued in April 2018 its Communication on “Tackling online disinformation: a European Approach” (COM(2018) 236 final). The 2018 Communication followed a public consultation held by the Commission between November 2017 and February 2018 (on the prevalence, risks and strategies towards tackling online fake news), a Flash Eurobarometer on Fake News and Online Disinformation, structured dialogue with relevant stakeholders, as well as the report of the High Level Group on fake news and online disinformation.

In his State of the Union address in 2018, President Juncker of the European Commission presented a set of measures by the Commission in order to ensure free and fair European elections. The European Commission further submitted a Communication on securing free and fair European elections to the Leaders’ meeting in Salzburg in September 2018.
In December 2018, the Commission together with the HRVP presented an Action Plan against Disinformation in the lead-up to the 2019 European Parliament elections.
 

The European Travel Information and Authorisation System (ETIAS)

Document type: 
Legal Trend card
Authors / Institution: 
Publisher / Publication: 
CEPS for the SOURCE project
Abstract: 

The concept of travel authorisations, as easier and smoother procedures than visas, was developed in parallel of progress made on electronic visas, which application is entirely done online.

It was first put in place in Australia in 1996 with the Electronic Travel Authorisation System and broadened to all EU citizens in 2008 through the eVisitor system. While Australia applies a universal visa regime, and the eVisitor form has the legal form of a visa, other countries started developing travel authorisations as an alternative to pre-vet visa free visitors.

The European Entry Exit System (EES)

Document type: 
Legal Trend card
Authors / Institution: 
Publisher / Publication: 
CEPS for the SOURCE project
Abstract: 

The idea of developing a European Entry and Exit System dates back to February 2013 with a first proposal published by the European Commission on a “Smart Borders Package” to better manage increase

d traveller flows and efficiently respond to security concerns. It was composed of 1) an Entry-Exit System (EES) to replace the passport stamping and have a record of overstays, 2) a Registered Traveller Programme (RTP) for frequent travellers to benefit from a pre-screening procedure and be able to use Automated Border Control (ABC) gates like EU citizens and 3) amendments to the Schengen Borders Code to integrate the above-mentioned changes

SOURCE Legal Card – Communication from Commission on The European Agenda on Security (EAS)

Document type: 
Legal Trend card
Authors / Institution: 
Publisher / Publication: 
CEPS

SOURCE Legal Card –European Agenda on Migration (EMA)

Document type: 
Legal Trend card
Authors / Institution: 
Publisher / Publication: 
CEPS

SOURCE Legal & Policy Card –European Maritime Border Surveillance

Document type: 
Legal Trend card
Authors / Institution: 
Publisher / Publication: 
CEPS

SOURCE Legal Card –Commission proposal for a European Border and Coast Guard (EBCG)

Document type: 
Legal Trend card
Authors / Institution: 
Publisher / Publication: 
CEPS
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