Lawless Borders: The Rule of Law Deficit in European Immigration Control

by Elspeth Guild, Valsamis Mitsilegas, Niovi Vavoula

Overview

Immigration control in the West has increasingly focused on preventing migrants from reaching the external border and the territory of states. This book provides an in-depth analysis of the evolving preventive immigration control system and highlights the many ways in which contemporary border controls undermine the rule of law.

By examining border control practices at the state and European levels (including by EU agencies and through the use of AI), the book explores how these measures affect the rule of law across different areas, including extraterritorial immigration control, control of the external borders and the digitalization of border control.

This is an essential resource, presenting a comprehensive and nuanced understanding of today’s border management challenges.

Product Details

ISBN-13:	9781529237795
Publisher:	Bristol University Press
Publication date:	07/24/2025
Sold by:	Barnes & Noble
Format:	eBook
Pages:	238
File size:	826 KB

About the Author

Valsamis Mitsilegas is Dean of the School of Law and Social Justice and Professor of European and Global Law at the University of Liverpool.

Elspeth Guild is Professor of Law at the University of Liverpool and the College of Europe, Bruges.

Niovi Vavoula is Associate Professor and Chair in Cyber Policy at the University of Luxembourg.

Elspeth Guild is Professor of Law at the University of Liverpool and College of Europe Bruges.

Table of Contents

Introduction: Setting the Scene

Part I: The Rule of Law Deficit in State Border Control Practices: From the External to the Externalized Border

1. The Proliferation and Mutation of Extraterritorial Immigration Control

2. The Rule of Law Deficit on the Border: The European Union Pact on Migration and Asylum

3. Border Control through the Hostile Environment

Part II: Border Violence and Rule of Law: Examining the Role of Frontex in Lawless Border Control

4. Borders, Power and Accountability: The Case of Frontex

5. Frontex: Management and Internal Oversight

6. EU External Oversight of Frontex and Border Violence

Part III: The Erosion of the Rule of Law through the Development of Europe’s Techno-Borders

7. Technology-led Border Surveillance and the Rule of Law: Eurosur as a ‘Foggy’ Network of Information Exchange

8. EU Large-scale IT Systems for Third-country Nationals Beyond the Rule of Law

9. From Digitalization to Algorithmization in European Border Management: Automation, Artificial Intelligence and the Rule of Law

10. Conclusion: Restoring the Rule of Law on the Border

Editorial Reviews

This book presents a brilliant synthesis of the logic of preventative border controls and their impact on the rule of law. Clear, concise and full of crucial legal references, it will also be central for anyone who wants to understand what is going on at the borders and beyond.” Didier Bigo, Sciences-Po Paris-CERI and King’s College London

From the Publisher