Prywatyzacja kontroli migracyjnej w Europie – kazus przewoźników morskich
Privatization of Migration Control in Europe – Case of Sea Carriers

Summary/Abstract: The article presents a legal model of privatization of state tasks concerning the control of theinternational movement of persons, with particular emphasis on maritime transport. The fundamentalthesis of the considerations is that these are legal regulations transferring or duplicatingthe state sovereign power mainly by indirect privatization. Accordingly, the article containsbasic definitions, as well as a discussion of the types and features of legal solutions adopted inregard to privatization of migration control. Then, three basic areas of transfer or duplication ofstate tasks to carriers are indicated. The obligations of carriers in the field of passengers control,financial liability, as well as organizational and economic liability in connection with the necessityto take the passenger back have been analyzed. Moreover, the article reflects on the consequencesof privatization. As has been shown, in the case of the maritime sector, the deficitsin terms of state responsibility and, at the same time, in terms of foreigners’ access to “asylumjustice” are very deep and, in practice, systemic.

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