In the last two decades, the EU has evolved into a territorial entity. It shapes and governs a bounded legal and political space with defined territorial borders. Quite unique among organizations based on international treaties, is has acquired state-like features: it exercises independent public authority, created a Union citizenship and, eventually, developed the notion of a Union territory. The rise
of supranational territoriality in many respects resembles the process of territorialization of the early modern State. Today, the EU’s supranational territoriality complements and transforms the territoriality of its component States.
The lecture will use the concept of supranational territoriality to better understand crucial aspects of EU policies on migration and border control. In particular, it will analyze the legal regime that governs the cross-border mobility of persons, both at the internal and external borders of the EU. The Schengen Borders Code Regulation is the central piece of legislation of this regime. With the adoption of the Schengen Borders Code, the EU has established an exhaustive legal framework that permits EU Member States – and Schengen associates, such as Switzerland – to undertake action for the purpose of controlling their national borders only where the Borders Code authorizes such action. For the EU, establishing a comprehensive border regime has meant a surge in territorialization, above all by symbolically drawing a porous but clearly identifiable line that marks its territory.
The lecture also highlights recent developments, such as the formation of a European Border and Coast Guard and the expanded tasks of the European Agency known as Frontex, and addresses legal and political challenges to the EU’s borders regime, in light of the EU’s human rights obligations towards migrants.