ECJ – Judgment of 18.12.2007, United Kingdom / Council, C-77/2005 – Creation of Frontex – Validity – United Kingdom exclusion – Schengen acquis and Protocol—
Keywords:
Area of Freedom, Security and Justice – Control of Persons at External Borders – New Measures that constitute a Development of the Schengen Acquis – Regulation establishing the Frontex Agency – United Kingdom Exclusion.Abstract
Regulation No 2007/2004 establishing the Frontex Agency was worked out without the cooperation of the United Kingdom, eventhough this Member State asked to participate. In this Decision, the ECJ argues against the annulment of the Regulation, even if the United Kingdom had been excluded, because it would be a new measure developing the Schengen acquis and the United Kingdom hadn't accepted to cooperate in the scope of that acquis affected. This way, the ECJ favors the subordinacy between article 5 and article 4 of the Schengen Protocol and rejects the so-called «independence thesis» defended by the United Kingdom.Downloads
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Published
2010-02-24
How to Cite
LAURA GARCÍA GUTIÉRREZ. (2010). ECJ – Judgment of 18.12.2007, United Kingdom / Council, C-77/2005 – Creation of Frontex – Validity – United Kingdom exclusion – Schengen acquis and Protocol—. Revista De Derecho Comunitario Europeo, (34). Retrieved from https://recyt.fecyt.es/index.php/RDCE/article/view/46027
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CASE LAW COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES
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