EU BORDER MANAGEMENT AFTER THE LISBON TREATY

This article looks at how the Lisbon Treaty will affect the management of the EU's external borders. It examines the current treaty framework and the way in which the Community has made use of its powers in this policy field. It discusses the changes the Lisbon Treaty is likely to bring about and gives a short overview of how the future management of the external borders is taking shape in the absence of ratification of the Lisbon Treaty. The underlying theme of this contribution is the distinction between legislation and operational co-operation in this policy field. It points out a number of problems with the approach of fostering integration in the Area of Freedom, Security and Justice through operational co-operation. It is argued that the Lisbon Treaty fails to provide a sounder legal framework for the EU's joint operational activity in the AFSJ as a whole and the management of the external borders in particular.