EU Screening regulation: legal fiction and technological dominance

• In Event: The New EU Pact on Migration and Asylum and Immigration Enforcement Changes in Europe (II)

Abstract

The European Commission's Proposal for the Screening Regulation in the New Pact on Migration and Asylum introduces a procedure for Third Country Nationals (TCNs) arriving at EU external borders. Individuals are not considered to have entered the territory of the EU using the legal fiction of ‘non-entry’ and are held in closed centers for screening, deciding whether they undergo an accelerated border procedure or full asylum assessment. Screening typically lasts 3-5 days and includes identification, registration, ‘security checks’, and health assessments. Security checks involve querying databases like the Schengen Information System, Entry/Exit System, and others. Information collected determines if a person's claim for international protection is valid, directing them to appropriate procedures. However, there's no provision to challenge screening outcomes or the collected data. This raises concerns, especially for complex cases like for example those involving climate induced migration. The process reflects a technology-driven approach to border management, posing questions about its fairness and effectiveness in handling sensitive situations.

Author

• Valeria Ferraris, University of Turin