What is Happening to the Schengen Borders?

CEPS Paper in Liberty and Security in Europe, No. 86/December 2015

26 Pages Posted: 15 Jan 2016

See all articles by Elspeth Guild

Elspeth Guild

Radboud University Nijmegen - Faculty of Law; Kingsley Napley - Department of Immigration; The British Institute of International and Comparative Law; London School of Economics & Political Science (LSE)

Evelien Brouwer

VU University Amsterdam

Kees Groenendijk

Radboud University Nijmegen - Faculty of Law

Sergio Carrera

Centre for European Policy Studies

Date Written: December 16, 2015

Abstract

What is happening to the Schengen borders? Is Schengen in ‘crisis’? This paper examines the state of play in the Schengen system in light of the developments during 2015. It critically examines the assertion that Schengen is ‘in crisis’ and seeks to set the record straight on what has been happening to the intra-Schengen border-free and common external borders system. The paper argues that Schengen is here to stay and that reports about the reintroduction of internal border checks are exaggerated as they are in full compliance with the EU rule of law model laid down in the Schengen Borders Code and subject to scrutiny by the European Commission. It also examines the legal challenges inherent to police checks within the internal border areas as having an equivalent effect to border checks as well as the newly adopted proposal for a European Border and Coast Guard system. The analysis shows that the most far-reaching challenge to the current and future configurations of EU border policies relates to ensuring that they are in full compliance with fundamental human rights obligations to refugees, effective accountability and independent monitoring of the implementation of EU legal standards. This should be accompanied by a transparent and informed discussion on which ‘Schengen’ and which 'common European Border and Coast Guard Agency' we exactly want within current democratic rule of law and fundamental rights remits.

Keywords: Schengen, Schengen Borders Code, EU, EU rule of law, refuge crisis, migration

Suggested Citation

Guild, Elspeth and Brouwer, Evelien and Groenendijk, Kees and Carrera, Sergio, What is Happening to the Schengen Borders? (December 16, 2015). CEPS Paper in Liberty and Security in Europe, No. 86/December 2015. Available at SSRN: https://ssrn.com/abstract=2715482

Elspeth Guild (Contact Author)

Radboud University Nijmegen - Faculty of Law ( email )

Postbus 9049
6500 KK Nijmegen
Netherlands
024-3611357 (Phone)
024-3611423 (Fax)

Kingsley Napley - Department of Immigration ( email )

Knight's Quarter
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London EC1M 4AJ
United Kingdom
+44 (0)20 7814 1200 (Phone)
+44 (0)20 7490 2288 (Fax)

HOME PAGE: http://www.kingsleynapley.co.uk/our-people/the-partners/elspeth-guild.htm

The British Institute of International and Comparative Law ( email )

Charles Clore House
17 Russell Square
London WC1B 5JP
United Kingdom

London School of Economics & Political Science (LSE)

Houghton Street
London, WC2A 2AE
United Kingdom

Evelien Brouwer

VU University Amsterdam ( email )

De Boelelaan 1105
Amsterdam, ND North Holland 1081 HV
Netherlands

Kees Groenendijk

Radboud University Nijmegen - Faculty of Law ( email )

P.O. Box 9102
6500 KK Nijmegen
Netherlands

Sergio Carrera

Centre for European Policy Studies ( email )

1 Place du Congres
B-1000 Brussels, 1000
Belgium
+32 2 229 39 26 (Phone)

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