EU-ECJ: SCHENGEN BORDERS CODE: ECJ General Advocate’s opinion on sea surveillance and the Schengen Borders Code: reasserting the Parliament’s legislative role, re-opening the Frontex debate? by Marie Martin

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"The European Court of Justice’s General Advocate Paulo Mengozzi on 17 April 2012 recommended that the Council’s decision amending the Schengen Borders Code (SBC) for it to cover and regulate EU’s surveillance at sea external borders should be annulled.

In July 2010, the European Parliament had lodged an action for annulment before the European Court of Justice against Council Decision 2010/252 supplementing the Schengen Borders Code. It was argued that the Decision was illegal because the followed procedure to adopt it (comitology procedure) was not appropriate given the impact the contested decision had on the SBC and on Frontex Regulation."

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