Study on Conferring executive powers on Border Officers Operating at the External borders of the EU

This document presents the results of the Study on the powers of border officers carried out by Unisys for the Directorate General Justice, Freedom and Security of the European Commission. This study has for objective to assess the situation in the 25 EU Member States, Norway, Iceland and Switzerland with respect to the possibility of conferring executive powers on border officers invited to operate at the external EU borders of another state or in the context of joint return enforcement. From there it draws suggestions for possible actions to increase the level of involvement of guest officers to contribute to an integrated management of the external borders. Basic information for this study has been collected through desktop research, face to face interviews with the competent authorities of the 28 involved States and contributions from experts involved in the project, as well as representatives from the European Agency for the management of the external borders (FRONTEX). It was conducted under the supervision of and in coordination with DG JLS.

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Alternative title:	Study to examine the possibility of preparing a legal instrument in order to confer executive powers on officers operating at the external borders of one of the countries under consideration or in the context of return enforcement : Final report
Year of publication:	2006-04-01
Other Persons:	SCHMITZ, Patrice-Emmanuel (contributor)
Institutions:	Unisys
Publisher:	Europäische Kommission / Generaldirektion Justiz und Inneres
Subject:	EU \| Grenzschutz \| border protection \| grenzüberschreitende Zusammenarbeit \| cross border cooperation

1 Management Summary
1.1 Study Objectives
1.2 Border Management
1.3 Common EU legal basis and strategy
1.4 Common instruments
1.5 Approved Action plan, still to apply
1.6 Study Findings
1.7 Need for improvement
1.8 Recommendations
2 Introduction to the study
2.1 Description of the study and main objectives
2.2 Context of the study
2.3 Study methodology
3 Powers of border guards
33.1 Section summary
3.2 Chain of prerogatives
3.3 Border control services
3.4 Executive powers per country
4 Operations in other countries
4.1 Section summary
4.2 Border control and return
4.3 Other examples of cooperation
5 Comparative analysis of legal rules
5.1 Section summary
5.2 German approach
5.3 Requirement of international agreement
5.4 Pros and cons
5.5 Analysis per specific executive power
6 Assessment of requirements and barriers
6.1 Section summary
6.2 Synoptic table
6.3 Typology of legal requirements
6.4 Requirement of nationality
6.5 Language requirement
6.6 Constitutional Conferment of executive powers
6.7 Specific provisions concerning the exercise of executive powers by national officers abroad
6.8 Other requirements
6.9 Legal analysis within the Community context
7 Need for improvement
7.1 Section summary
7.2 Need for a legal basis
7.3 Solidarity vs Subsidiarity
7.4 Recommendations
8 Conclusions
9 Bibliography
10 Annexes
10.1 CD-ROM
10.2 Study framework and methodology
10.3 Overview of main border control services per country
10.4 Border Control cooperation between the US and Canada
10.5 Glossary
10.6 Table of Acronyms
10.7 Table on Public Authority Tasks
10.8 Overview of agreements

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