19 Feb 2020

Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union

Complaint Mechanisms and Access to Justice, 1st Edition

Sergio Carrera / Marco Stefan


This edited volume examines the extent to which the various authorities and actors currently performing border management and expulsion-related tasks are subject to accountability mechanisms capable of delivering effective remedies and justice for abuses suffered by migrants and asylum seekers.

Member states of the European Union and State Parties to the Council of Europe are under the obligation to establish complaint mechanisms allowing immigrants and/or asylum seekers to seek effective remedies in cases where their rights are violated. This book sheds light on the complaint bodies and procedures existing and available in Austria, Greece, Hungary, Italy, Spain, Poland, and Romania. It assesses their role in overseeing, investigating, and redressing cases of human rights violations deriving from violent border and immigration management practices, and expedited expulsion procedures. This book therefore provides an assessment of the practical, legal, and procedural challenges that affect the possibility to lodge complaints and access remedies for human rights violations suffered at the hands of the law enforcement authorities and other security actors operating at land, air, and sea borders, or participating in expulsions procedures – in particular, joint return flights.

The volume will be of key interest to students, scholars, and practitioners working on human rights, migration and borders, international law, European law and security studies, EU politics, and more broadly, international relations.

This is a ground-breaking volume highlighting the importance of access to justice and the rule of law in immigration proceedings and the legal and human rights challenges which arise from the proliferation of border controls in Europe. It is essential reading for scholars and practitioners with an interest and expertise in immigration, administrative, constitutional and human rights law and their European dimension.” – Valsamis Mitslegas, Professor of European Criminal Law and Global Security and Deputy Dean for Global Engagement (Europe), at Queen Mary, University of London, UK

This Routledge/Taylor and Francis  book is co-edited by CEPS Senior Research Fellow and Head of the Justice and Home Affairs unit Sergio Carrera and CEPS Research Fellow Marco Stefan.

Related Publications

Browse through the list of related publications.

Gendered migrant integration policies in the EU

Are we moving towards delivery of equality, non-discrimination and inclusion?

Towards a principled level playing field for an open and secure online environment

Regulation, enforcement and oversight of online content moderation in the EU and the United Kingdom

The Declaration on a Voluntary Solidarity Mechanism and EU Asylum Policy

One Step Forward, Three Steps Back on Equal Solidarity

A transformational moment?

The EU's response to Russia's war in Ukraine

The EU grants temporary protection for people fleeing war in Ukraine

Time to rethink unequal solidarity in EU asylum policy

European Union Policies on Onward and Secondary Movements of Asylum-seekers and Refugees

A Critical Overview of the EU’s Migration Management Complex