The Analysis On Border Management Law System Of European Union

The dissertation mainly studies the Border management Law System of European Union and the dissertation is composed of six chapters. The first chapter is about the basic theoretical research. On the basis, the chapters study the border management law system of EU deeply from the second to the seventh chapter. The eighth chapter is about some philosophical reflection.The chapter one mainly discusses the issue of basic concepts, content and implementation of the legal system of EU border management, and discussess the EU border management legal systems. Initially, the Schengen area was built in intergovernmental way, and the core content of the legal system of the EU border management is the1985Schengen Agreement and the1990Schengen Treaty. The basic legislation of the European Union was assumed that boundary had divided the market, and it should be eliminated so that benefit free flows of goods, personnel, services and capita. From establishing the European Economic Community Treaty to the Lisbon Treaty, the content of the EU border management gradually enriched from"visas, asylum, immigration and the staff of the free-flowing" to the establishment of the "the area of freedom, security and justice ". The Schengen Agreement, which was incorporated into Treaty of Amsterdam, directly contributed to the birth of the legal system of the EU border management. EU secondary legislation is an important element of the legal system of the EU border management. At2006, the EU introduced schengen border code. This secondary legislation is about border checks and border surveillaince which had improved the legal system of the EU border management. At present, the European Parliament and the Council of the European Union have legislative power about common policy on visas and other short-term residence permit, border checks, free travel conditions of the third-country nationals in the EU for six months does not exceed3months in half of a year, the gradual establishment of an integrated border management legal system.Through the process of the formation of the Schengen system, Chapter two analyzes the content of the EU border check system. The Schengen system has been building from the free movement of workers by the Schengen5countries outside the EC framework. From the1985Schengen Agreement to1990, Schengen Treaty, it gradually defined the basic legal concepts of border inspection, third national, border crossings and others.the article six in the1990Schengen Treaty is the core of the Schengen system, which mean that border management must be carried out systematically, all travelers must be inspected. In1999, Schengen acquis was incorporated into the Treaty of Amsterdam, and the Schengen system has transited from the political system to the legal system. The EU border management legal system officially formed. With the elimination of internal border checks, police cooperation has become one of the main problems of deepening the Schengen area. The Treaty of Prum promoted the improvement of the legal system of the EU border management again in intergovernmental way. In accordance with the Schengen Border code, the Schengen Information System and Visa Information System, Border guard implemented the EU's border management law in the same standard. For defects of the Schengen system, the schengen area is a very fragile system, and the EU always avoids the negative impact of the state sovereignty of the Schengen system, in order to constantly improve the system.The chapter three mainly discusses the external border issues. The EU Frontex coordinates with Member States in border management of the EU, and the member states is the main executive body of the external surveillance of the border. In this chapter, through analysis of Germany and France, Senior Member States of the European Union, We think the state is still the absolute main power in process of the EU external border. However, the Frontex undertake the training task, risk analysis, providing technical support and assistance in repatriation, which successfully breaks the state monopoly of the Member States. According to the EU Council Regulation No.2007/2004, the Frontex still need to further improve the relevant provisions in the joint repatriation, operational support issues.Chapter four integrally discusses the legal system of the EU border management. The target proposed by the Lisbon Treaty is that the EU will achieve the integrated border management system as the political goals. Compared with other regions of the world, the EU integrated border management has its obvious characteristics. At the international level, the EU actively output the border management system to the neighboring countries. The EU faced with the arduous task of integration of26member states, management personnel training issues and financial problems are difficult to solve in the short term. The EU integrated border management system is reflection of federalization about the EU.Chapter five is aobut the causes and characteristics of the EU border management legal system. In EU border management system; there have several departments to take part in. The serving for economic development is the important feature of the system, and the system fully respected the special circumstances of the member states, and allowed the establishment of a different border management system.It is very important that the system was established in close international cooperation basis. Without mutual trust and cooperation of the Schengen member states, the EU border managementlegal system would not exist. The legal system of the EU border management not only is the spillover effects of the establishment of a single market, but also the outcome of the justice and home affairs cooperation. In addition, the direct impact on the construction of the EU customs system led to the development of the legal system of border management. The legal system of the EU border management is the outcome of the EU to re-configure the laws of the member states border management system, and the system is better harmonization of the behavior of the26member statest. Gradual introduction of an integrated management system for external borders is on the way. However, border management behavior is sensitive area of state sovereignty; integrated border management is showing the trend of fragmentation, at the same time, there are still large rooms for improvement in the protection of human rights issues.Chapter six is the depth theoretical analysis about the EU border management. The practice of the European Union has changed the traditional theory of border management. The objectives and functions of border management have shown a multidimensional development trend. Regional organizations are managed in accordance with the law to become a new management mode, this mode is built on the basis of democracy and the rule of law, providing easy entry and exit of personnel and the protection of national security.Based on the experience of the European Union, the dissertation pointed out that China should construct an integrated border management legal system with Chinese characteristics.China should actively building an integrated border management system of cooperation with neighboring countries. At the same time, the legal system should respect the border areas' historical practice, which is the only way to better serve the border region's economic and social development. The border management legal system is ultimately determined by the interests of national security and development interests, and preserving our national sovereignty, security and development are still the most fundamental starting point to build a legal system of border management.