ECJ – Judgment of 05.09.2012, Parliament vs Council – C-355/10, <<Schengen Borders Code - Decision 2010/252/EU - Surveillance of the sea external borders - Additional rules governing border surveillance - Commission’s implementing powers – Scope>>. Survei
Keywords:
Schengen borders code (SBC), surveillance of the sea external borders, Frontex, essential elements, comitologyAbstract
By Judgment of 5 September 2012, the ECJ decided to annul Council Decision 2010/252/EU, maintaining its effects until the entry into force of new rules within a reasonable time. The ECJ analyzes the arguments of the parties over the principles governing the Commission’s implementing powers by the regulatory procedure with scrutiny and over the introduction of new essential elements into the SBC, modification of essential elements of the SBC and amendment of the Frontex Regulation. The recognition by the ECJ that some measures included in the annulled Decision were essential elements affecting fundamental rights of the person, led the ECJ to require the involvement of the European Union legislature, admitting a broad concept of border surveillance.Downloads
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Acosta Sánchez, M. A., & González Garcia, I. (2015). ECJ – Judgment of 05.09.2012, Parliament vs Council – C-355/10, <<Schengen Borders Code - Decision 2010/252/EU - Surveillance of the sea external borders - Additional rules governing border surveillance - Commission’s implementing powers – Scope>>. Survei. Revista De Derecho Comunitario Europeo, (47), 267–284. Retrieved from https://recyt.fecyt.es/index.php/RDCE/article/view/39303
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CASE LAW COURT OF JUSTICE OF THE EU
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