Through a cross-cutting analysis, this project investigates whether that law is constitutionally compliant: namely, whether it entrusts, in each specific case, the appropriate actor to take the appropriate action against the appropriate group of persons, on the basis of the appropriate set of rules and in the pursuit of the appropriate objectives. The appropriateness is 'measured' from different and potentially conflicting perspectives: subsidiarity, as regards the allocation of the border control-related tasks; solidarity, in respect of inter-state relationships; and fairness vis-à-vis the treatment of the third-country nationals. The presentation sets out the core concepts underlying this research and discusses some of the overarching themes characterising border controls at the external and internal frontiers of the EU.
Dr Leandro Mancano is Senior Lecturer in EU Law at Edinburgh Law School. The presentation is based on his second monograph, entitled ‘The Law of Border Controls. Compliance and Conditions for an Area without Internal Frontiers’ (Oxford University Press, Summer 2025). Leandro is regularly involved in public engagement, has drafted policy papers and provided evidence to national and international institutions. He is the UK’s Deputy Contact Point for the European Criminal Law Academic Network (ECLAN) and an expert analyst for EU Law Live