The Law of EU Border Controls Constitutional Compliance and Conditions for an Area without Internal Frontiers

The law of EU border controls is diverse and dynamic, involving multiple governance levels with distinct objectives. It addresses various 'control subjects' through a mix of soft and hard law sources.

Dr Leandro Mancano evaluates how this diversity affects the constitutional compliance of EU border controls and explores the conditions necessary for the EU to remain an area without internal frontiers. By providing a comprehensive analysis of both external and internal border controls, and offering insights into the laws and practices of specific member states, this research addresses how to effectively manage or overcome the challenges posed by this heterogeneity within the EU legal framework.

Ultimately, The Law of EU Border Controls: Constitutional Compliance and Conditions for an Area without Internal Frontiers highlights the impact of European integration on national sovereignty and enhances the understanding of EU border law as part of the unique EU legal system. It is an essential resource for academics and practitioners interested in migration and asylum law.

Leandro Mancano, Senior Lecturer, Edinburgh Law School

Dr Leandro Mancano is a Senior Lecturer in EU Law and the Director of Internationalisation at Edinburgh Law School. His primary research interests include EU constitutional law, EU fundamental rights law, and the law and policy of the EU Area of Freedom Security and Justice. Dr Mancano's publications focus on the interaction between different areas of European law and policy, such as crime, migration, and human rights. He serves as the UK's Deputy Contact Point for the European Criminal Law Academic Network (ECLAN) and regularly engages with external stakeholders, including legal professionals and both national and international institutions.

Introduction: Searching for Order in a Borderless EuropePART I. AN ANALYTICAL FRAMEWORK FOR THE LAW OF EU BORDER CONTROLS1. The Building Blocks of the EU Legal Order: Values, Principles, and Objectives2. The Test of Constitutional CompliancePART II. THE LAW OF EU EXTERNAL BORDER CONTROLS3. Setting the Context: Objectives, Values, and Principles4. Preparing Controls5. Exercising Control6. Controlling ControlsPART III. THE LAW OF EU INTERNAL BORDER CONTROLS7. Setting the Context8. Preparing for the Absence of Controls9. Exercising Controls in a Borderless Area10. Controlling the Absence of ControlsConclusion: Looking Back, Moving Forward: What Future for Heterogeneity and Borders in Europe?