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In the Name of COVID-19: An Assessment of the Schengen Internal Border Controls and Travel Restrictions in the EU
From the Abstract: "This study, commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee [Committee on Civil Liberties, Justice and Home Affairs], assesses the mobility restrictive measures adopted by the EU and its Member States in the fight against COVID-19 [coronavirus disease 2019]. It examines the reintroduction of Schengen internal border controls and intra- and extra-EU travel restrictions. It assesses their compatibility with the Schengen Borders Code, including proportionality, non-discrimination, privacy and free movement. The research demonstrates that policy priorities have moved from a logic of containment to one characterized by a policing approach on intra-EU mobility giving priority to the use of police identity/health checks, interoperable databases and the electronic surveillance of every traveller. It concludes that Schengen is not in 'crisis'. Instead there has been an 'EU enforcement and evaluation gap' of Member States compliance with EU rules in areas falling under EU competence."
European Parliament. Directorate-General for Internal Policies
Carrera, Sergio; Luk, Ngo Chun
2020-09
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Limitations on Human Mobility in Response to COVID-19: A Preliminary Mapping and Assessment of National and EU Policy Measures, Their Sanctioning Frameworks, Implementation Tools and Enforcement Practices
From the Abstract: "This report provides a mapping of measures adopted by the European Union and 10 selected Member States to restrict human mobility in order to tackle the spread of COVID-19 [coronavirus disease 2019]. It also investigates the impact of the enforcement of mobility restrictions and border controls introduced since the outbreak of the pandemic on the individual rights and freedoms of EU citizens and third-country nationals. It does so by looking at the ways and extents to which different types of restrictions have been implemented and enforced over the 11-month period from the beginning of March 2020 until the end of January 2021. First, the report identifies and categorises the different typologies of border and mobility restrictions introduced at different levels of governance (EU, international, national and subnational) to contain the spread of COVID-19. Second, the report scrutinises the rationale used to justify the introduction of such measures, looks at the procedures followed for their adoption and implementation, and examines the compatibility of the different categories of intervention with the principles of legality, necessity and proportionality enshrined in EU law. Third, the report looks at the impact of the application of such restrictions on the coherent application of the system of norms and standards currently governing intra-EU mobility, and the management of migration and asylum at the EU's external borders."
Centre for European Policy Studies (Brussels, Belgium)
Stefan, Marco; Luk, Ngo Chun
2021-12
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Love Thy Neighbour? Coronavirus Politics and Their Impact on EU Freedoms and Rule of Law in the Schengen Area
From the Executive Summary: "Restrictions on international and intra-EU traffic of persons have been at the heart of the political responses to the coronavirus pandemic. Border controls and suspensions of entry and exist have been presented as key policy priorities to prevent the spread of the virus in the EU. These measures pose however fundamental questions as to the 'raison d'être' of the Union, and the foundations of the Single Market, the Schengen system and European citizenship. They are also profoundly intrusive regarding the fundamental rights of individuals and in many cases derogate domestic and EU rule of law checks and balances over executive decisions. This Paper examines the legality of cross-border mobility restrictions introduced in the name of COVID-19 [coronavirus disease]. It provides an in-depth typology and comprehensive assessment of measures including the reintroduction of internal border controls, restrictions of specific international traffic modes and intra-EU and international 'travel bans'. Many of these have been adopted in combination with declarations of a 'state of emergency'. The Schengen Borders Code and the EU Free Movement Directive 2004/38 foresee the possibility to derogate or apply exceptions to internal border control-free on the basis of public health grounds. However, this does not mean a 'carte blanche.'"
Centre for European Policy Studies (Brussels, Belgium)
Carrera, Sergio; Luk, Ngo Chun
2020-04
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