The temporary reestablishment of border controls within the internal frontiers of the European Union as a response to threats to the public order and to internal security: Between exceptionality and normality
DOI:
https://doi.org/10.18042/cepc/rdce.61.03Keywords:
Free movement of persons, Schengen area, re-establishment of border controls, suspension of the free movement of persons, public order, internal security.Abstract
In recent years, border controls within the Schengen area have been restored and extended almost fifty times in response to the secondary movements of irregular migrants and the increase in cross-border terrorist threats as both elements were considered threats to public order and the internal security of the States. The imposition of controls seems, therefore, to have acquired a certain normality when precisely the Commission itself recalls, in a systematic way, that its application must be exceptional and limited in time. This study intends to make an assessment of the re-establishment of border controls based on the provisions of current legislation and existing practice in order to determine its impact on the current and future definition of the Schengen area as an area that really seeks to ensure free movement of persons.
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