Publication details

A practical evaluation of border activities in Romania: control, surveillance and expulsions


MORARU Madalina Bianca NICA Felicia

Year of publication 2020
Type Chapter of a book
MU Faculty or unit

Faculty of Law

Attached files
Description In 2017, Romania has witnessed a high number of arrivals by both land and sea borders, in comparison with previous years. Within the context of this increased pressure at the Romanian borders, this chapter aims to investigate first, whether the Romanian legal framework is capable of ensuring effective access of individuals to complaint mechanisms for fundamental rights violations in the situation of border activities. Secondly, it will explore what are the main possible practical gaps in ensuring the accountability of the responsible authorities. Given the so far absent independent oversight mechanism and third-party reporting on this topic, the chapter’s added value consists in: offering first-hand information on the number of arrivals; outline the legal domestic framework governing border control, surveillance activities and expulsions and an evaluation of the concrete application of the legal framework in light of the European fundamental rights standards. It will conclude by putting forward suggestions for the improvement of the right to an effective access to justice in Romania, taking into consideration the specificities of the domestic institutional relations, as well as the interactions between the various legal professions competent in this field.

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