Filtering, sorting, excluding: the new screening procedure at the Union's external borders and the reconfiguration of European sovereignties

Duez, Denis
(2025) Workshop “Rethinking the interactions between migration, borders and sovereignty: what political theory tells us?” — Location: Université Jean Moulin Lyon 3 & Institut Convergences Migrations (online) (10.June.2025)

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The 2024 Pact on Migration and Asylum (PMA) introduces a set of new rules for managing migration and establishing a common asylum system at EU level. Among other things, the Pact introduces a new mandatory border procedure for third-countries nationals who does not fulfill the conditions to enter the EU, and for irregular migrants already staying within the EU without having been subject to controls at external borders. Overall, the new screening procedure aims to streamline and simplify procedural arrangements at the EU’s external borders. It should ensure that third-country nationals are subject to identity, health and safety checks, vulnerabilities assessments and registration procedure to facilitate their referral to the appropriate procedures – asylum or return procedures – at the earliest stage possible. Questionably, the new screening procedure will imply the generalization of a contested legal fiction of non-entry. Third-country nationals will be deemed not to have entered the territory of a Member State before the end of the screening procedure. Leaving aside human rights violations such a fiction could entail, the fiction of non-entry disarticulates usually interconnected concepts of territory, authority and sovereignty. Drawing on political theories, legal studies and border studies, the contribution is aiming to better understand the conceptual, legal and socio-political implications of the new pre-screening procedure and, more specifically, of the fiction of non-entry. It will delve into the impact of the NPMA on the reconfiguration of European borders, spaces and sovereignties.
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Duez, D. (2025). Filtering, sorting, excluding: the new screening procedure at the Union’s external borders and the reconfiguration of European sovereignties. Workshop “Rethinking the interactions between migration, borders and sovereignty: what political theory tells us?”, Université Jean Moulin Lyon 3 & Institut Convergences Migrations (online).