Le contrôles des frontières dans l'espace Schengen à la lumière des droits nationaux et européen

Schengen Agreements reorganize border control activities in Europe on the base of the affirmation of the principle of free movement, creating a double legal framework for external and internal borders. The increase of migratory movements involved the reintroduction of controls on several Member States’ internal borders, including France. This possibility to reintroduce border controls, deriving from European law, has been the object of several modifications during last years, in order to improve and reinforce national powers and roles in the field of migration policies and border control activities. The analysis of these policies, the study of European and national legal framework and the observation of police practices implemented in Italo-French borders reveal Schengen area law’s securitarian approach. These policies involve several violations of migrants’, asylum seekers’ and vulnerable persons’ human rights. These policies reveal also the crisis of the rule of law, a juridical paradigm based on human right’s universality.