"EU border as a method of control: territory excision and migrants’ exclusion"

Examining the European migration policies with the tools offered by the legal analysis and the political theory, we propose a reflexion on the "banopticon" (Didier Bigo) that has been developed since the Tampere summit and intensified in the European Pact on migration and Asylum. Apprehending borders as heterotopias for migrants let underscore they are not only spaces of marginalization under control, but more broadly and profoundly methods of control and methodologies of domination: border as a method (Sandro Mezzadra and Brett Nielsen). It appears that borders are thickened to manage migrants, to deter them as early as possible in their migratory journey. Will be considered the importance of the fictions of non-entrée in the different regulations that compose the Pact, that aim at preventing migrants’ access to the EU member states territory (James Hatahaway, Thomas Gammeltoft-Hansen, Tugba Basaran, Ayelet Shachar). Their implications in terms of rights violations of migrants will be analysed. By containing migration flows and by attempting to avoid their international and regional legal obligations, the EU member states assume a power that can be apprehended as domination we will argue (Philip Pettit, Arash Abizadeh, Iseult Honohan, Christian F. Rostbøll) as it adds to the uprooting of exiles the impossibility of finding a placedness, a place to live and to be seen (Hannah Arendt, Michel Foucault, Christian Rostbøll). The result is a desubjectivation of migrants, who cannot access their rights because they do not have the right to have rights, the right to be subjects before the law recognized at the pre-condition of all rights in Article 16 ICCPR (Delphine Rodrick).