Schengen Purgatory or the Winding Road to Free Travel

European Papers

16 Pages Posted: 29 Dec 2023

See all articles by Jorrit J. Rijpma

Jorrit J. Rijpma

Leiden University - Leiden Law School; Leiden University - Europa Institute

Henriet Baas

European University Institute - Department of Law (LAW)

Date Written: May 30, 2023

Abstract

This paper looks at the practical and legal implications of the Schengen “waiting room”. It examines the rules that apply to the verification of readiness in preparation of a Council decision on full accession and the extent to which the rules of the Schengen acquis apply to Schengen Candidate Countries prior to the lifting of internal border controls. It pays particular attention to the legal regime that applies at the borders between “old” and “new” Member States, more specifically Schengen members and Schengen Candidate Countries, and the borders between the Schengen Candidate Countries and third countries. It is argued that the prolonged exclusion from the Schengen area has resulted in a de facto duplication of the EU’s external border, accompanied with an incremental, near full application of the Schengen acquis, short of lifting internal border controls. As a result, for already well over fifteen years, Romania and Bulgaria have been part of the accompanying measures that should allow for free travel, yet its nationals have not been able to enjoy the benefits of their EU citizenship in full.

Keywords: Schengen, EU law, border controls

Suggested Citation

Rijpma, Jorrit J. and Baas, Henriet, Schengen Purgatory or the Winding Road to Free Travel (May 30, 2023). European Papers, Available at SSRN: https://ssrn.com/abstract=4649527 or http://dx.doi.org/10.2139/ssrn.4649527

Jorrit J. Rijpma (Contact Author)

Leiden University - Leiden Law School ( email )

P.O. Box 9520
2300 RA Leiden, NL-2300RA
Netherlands

Leiden University - Europa Institute

Steenschuur 25
Leiden, 2311ES
Netherlands

Henriet Baas

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
Italy

HOME PAGE: http://www.eui.eu/people?id=henriet-baas

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