A Patchwork of Intra-Schengen Policing: Border Games over National Identity and National Sovereignty

Woude, Maartje van der

doi:10.1177/1362480619871615

Cited by 22 publications

(16 citation statements)

References 56 publications

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“…It's far too complex and too difficult .’ The image that the respondents paint is, unfortunately, not unique to the Belgian case. The challenges of working in multi-jurisdictional spaces with unclear lines of responsibility, particularly in the complex relationship between EU bodies, national and local authorities, are known to lead to frequent blame shifting between these different actors (e.g., Van der Woude, 2020 ; Dörrenbächer & Mastenbroek, 2019 ). In line with Aas and Gundhus’s ( 2015 ) findings on the experiences of Frontex officials, our findings reveal both a considerable level of frustration with the third-way approach, as well as the difficulty of performing policing tasks in multi-jurisdictional areas, where the lines of responsibility become blurred on the ground.…”

Section: A More Complex Answer: Institutional Forces and Dynamics At ...mentioning

confidence: 99%

“…The so-called migration ‘crisis’ starting in 2015 has made clear that the principle of free movement of people, which results from the construction of the Schengen Area within the European Union (EU) as a space without internal border controls, knows it limits. Many countries in the Schengen area have amped up their border checks by introducing a range of bordering techniques (Van der Woude, 2020 ). These different formal and informal bordering practices have an impact on intra-Schengen secondary migration movements.…”

Section: Introductionmentioning

confidence: 99%

“…Indeed, once stranded or forced to move, migrants are more likely to turn to migrant smuggling networks, to take more dangerous paths, to increase their debts to reach their destination and to end up in exploitative conditions (O’Connell Davidson, 2013 ; Kemp, 2017 ; Brigden & Mainwaring, 2016 ). Whereas the concept of transit migration and the notion of being stranded, as experienced by migrants, is mostly used in the context of describing how external borders are ‘blocking their [migrants, MW] onwards movements’ (Schapendonk, 2012 : 580), this article uses the concept to illuminate the equally problematic reality of the blocking effects of internal border checks between Schengen states (e.g., Van der Woude, 2020 ) and governmental practices policing migrants (e.g., Tazzioli, 2019 ; Edmond-Pettitt, 2018 ).…”

Section: Introductionmentioning

confidence: 99%

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A socio-legal analysis of the Belgian protective legislation towards victims of aggravated forms of migrant smuggling

Rebetz

Woude

2022

Crime Law Soc Change

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As many scholars have shown, and other than what is suggested by their legal definition, migrant smuggling and human trafficking are not always easily distinguishable in reality. Acknowledging this grey area between the two phenomena, the Belgian legislature has introduced an alternative approach (referred to as ‘third-way approach’) which would offer migrants who have experienced ‘aggravated forms’ of migrant smuggling the same protective status that is usually strictly reserved for victims of human trafficking. Interestingly enough, migrants don’t seem inclined to make use of this procedure. Through a series of expert interviews, this article shines light on the perspective of key actors within the Belgian criminal justice system and migration control apparatus with regard to this third-way approach and its functioning in practice. In so doing, the article not only reveals how the proper functioning of this third-way approach is hindered by a series of organizational and institutional factors, but it also shows how the different actors are struggling with the inherent tension between the objectives of protecting state security and the protection of the needs of vulnerable groups in precarious life situations.

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Section: A More Complex Answer: Institutional Forces and Dynamics At ...mentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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A socio-legal analysis of the Belgian protective legislation towards victims of aggravated forms of migrant smuggling

Rebetz

Woude

2022

Crime Law Soc Change

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“…While using illustrations from their own work on the US-Canadian maritime border and on street vending in Barcelona, Moffette and Pratt show the limitations of state-centered approach, as such an approach "hides from view the ways that sovereignties are always plural, partial, contested and incomplete" (2020: 17). As argued by Valverde (2009Valverde ( , 2010, it is important to understand jurisdictions in a broader sense than merely legal technical-which, in fact, is largely spatial (federal, provincial, municipal)-to also acknowledge the "meaning making" of many state and non-state agents. It is through their performative acts that involve summoning or enforcing the law that claims are made about the "where," "who," "what," "when," and "how" of law.…”

Section: Multiscalar Borderingmentioning

confidence: 99%

Guest Editorial: Transforming Borders and the Discretionary Politics of Migration Control

Woude

Staring

2021

Int J for Crime, Justice & Social Democracy

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The eight articles in this issue promise us a global journey around transformed borders, multiscalar bordering, and discretionary practices within these migration controls. In doing so, the authors guide us through the Global North and Global South with countries as varied as the US, Mexico, Mali, Poland, Norway, the Netherlands, the United Kingdom (UK), Spain, Italy, Germany, Greece, and Turkey. We also gain insights through these specific research settings from additional Asian and African countries of origin for the migrants involved. By situating their analyses in a specific locus, the authors provide us with a grounded, localized narrative, which they insightfully theorize on and interact with at the global level. Through these glocalized analyses, we not only learn about the importance of multiscalar forms of migration control and the discretion of these actors within these bordering practices, but also gain insights into the immediate and long-term effects of these control efforts on the divergent actors that transform our borders and give meaning to the multiscalar bordering practices.

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“…See table n.6, Annex II. The first three cases, especially the first, found considerable treatment in (mostly) legal scholarship Brouwer 2015a;Peers 2013;Illamola Dausa 2012;Dyevre 2011.;Fabiano 2010.;Moonen 2011;Guild et al 2016, Van der Woude 2020, on the forth see Pascale (2020). Only the last case particularly regarded controls long exit routes for the purpose of preventing exit.…”

Section: Convention Zwischenmentioning

confidence: 99%

Policing-Mobilities in the Border-Stripe

Weissensteiner¹

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The establishment of an area of "freedom of movement" without border control within the Schengen-area is deemed one of the major achievements of European integration. However, developments since 2015 have shown a renewed salience of internal borders. This is due, on the one hand, to the introduction and maintenance of temporary border control by several member states, which was justified as a response to unauthorised mobilities problematised as "secondary movements". On the other hand, also border-regions adjacent to internal borders have acquired an increased strategic importance. Particularly the European Commission advanced the recommendation to shift towards enhanced (national) border-area police-checks and police cooperation as an alternative to border control. Both the Treaty on the Functioning of the European Union (TFEU) and explicitly the Convention Implementing the Schengen Agreement (CISA) encourage bilateral police cooperation between member states, foreseeing particular measures for countries that share a common border. Various studies conducted in the 1990s engaged with initially informal, and increasingly formalised, forms of cooperation across borderregions. In current times, practices of cross-border police cooperation as well as of migration policing at internal borders constitute a substantial knowledge gap.In this dissertation I examine the intersection of cross-border police cooperation (CBPC) with the control of differential mobility rights within today's EU Area of Freedom, Security and Justice. I conceptualise and analyse CBPC as policing-mobilities in the border-strip. Grounded in empirical fieldwork with police officers, this study fills important research-gaps that persist with regards to a twofold inquiry: a) police cooperation at the scale of border-regions and b) the policing of mobilities at internal Schengen borders. Specifically, this study concentrates on three CBPC instruments: joint police centres or PCCCs, (joint) border-area patrols and bilateral simplified fasttrack readmissions. Some of these were also amongst the "best practices" and alternatives which since 2017 the Commission has recommended to enhance. Beyond findings of analytical relevance, this study allows one to critically engage with the envisaged border-area 'solutions'.In PART I, I place this dissertation at the crossroad of social-science and law within a multidisciplinary field of scholarly engagement. I outline the theoretical framework and methodological approach of a multisited research design. Rather than conducting a research that favours a focus on discourses and laws or on situated practices, I studied both elements and the interdependence between law-as-text and as-practice, aiming to get a grasp of large-scale processes not reducible to one empirical field-locale. In PART II, I draw attention towards the spatial-legal regimes that regulate CBPC and trace their emergence as institutionalised regimes of practices. I argue that they constitute the border-strip as spatial-legal condition of possibility xv...

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A Patchwork of Intra-Schengen Policing: Border Games over National Identity and National Sovereignty

Cited by 22 publications

References 56 publications

A socio-legal analysis of the Belgian protective legislation towards victims of aggravated forms of migrant smuggling

A socio-legal analysis of the Belgian protective legislation towards victims of aggravated forms of migrant smuggling

Guest Editorial: Transforming Borders and the Discretionary Politics of Migration Control

Policing-Mobilities in the Border-Stripe

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