Stopping a Virus from Moving Freely: Border Controls and Travel Restrictions in Times of Corona

Abstract

This article evaluates the travel restrictions imposed in response to the pandemic; first, in the light of the rules of the Schengen acquis (controls at the internal and external borders) and, second, under the provisions on the free movement of EU citizens. It will be argued that, as often in times of crisis, the existing legal framework has proven inadequate to respond to the challenges posed by the pandemic. The result has been primacy of national executive action. Despite the active role of the EU institutions in coordinating national responses and bringing them in line with EU law, ultimately, more binding coordination and regulation will be required. Given that COVID-19 is unlikely to disappear in the near future, EU law will need to provide legal certainty in the face of scientific uncertainty if it wishes to effectively safeguard EU’s citizens’ fundamental freedom of movement and open borders.

Keywords: COVID-19, EU citizenship, Schengen, Free movement

JEL Classification: K