LEGAL CONSEQUENCES OF AIR PASSENGERS TRAVEL DOCUMENTS CONTROL IN AIRPORTS

JUSTIFICATION FOR THE DENIED BOARDING

Authors

  • Željka Primorac Faculty of law University of Split

DOI:

https://doi.org/10.30925/zpfsr.40.3.7

Keywords:

air passengers travel documents control; airports; denied boarding

Abstract

In this paper the author is making an elaborated analysis on the topic of
countering illegal migration of air passengers (with the emphasis on third-country nationals) from a legal and theoretical standpoint, pointing out to the methods and legal consequences of verifying the validity and authenticity of passengers’ travel documents according to the latest provisions of Schengen acquis and assessing the role of the air carrier in the protection of the EU's external borders. The author is
drawing attention to an insufficient legal definition of the terms “inadequate travel documents” and “necessary travel documents” by examining the legal effects of possession and presentation of inadequate travel documents as a justified reason for denying boarding to passengers pursuant to the provisions of Regulation (EU) 261/2004 and the interpretations of the provisions in question in accordance with the Guidelines of 2016. In this context, the aim of this paper is to point out to the current changes regarding the private legal protection of passengers in conformity with the European legal provisions in force, as well as to the latest proceeding before the Court of Justice of the European Union (Case C-584/18) concerning the interpretation of
certain provisions of the European regulations relevant to this issue (Regulation (EU) 261/2004 and Regulation (EU) 2016/399). The author concludes with the analysis of the air carriers' obligations to pay financial sanctions (fines) in the case of carriage of passengers without the necessary travel documents and puts forward solutions de lege
ferenda.

Additional Files

Published

2020-09-30

How to Cite

Primorac, Željka. (2020). LEGAL CONSEQUENCES OF AIR PASSENGERS TRAVEL DOCUMENTS CONTROL IN AIRPORTS: JUSTIFICATION FOR THE DENIED BOARDING. Collected Papers of the Law Faculty of the University of Rijeka, 40(3), 1131–1148. https://doi.org/10.30925/zpfsr.40.3.7

Issue

Vol. 40 No. 3 (2019): Collected papers of the Law Faculty of the University of Rijeka

Section

ARTICLES

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