Council Recommendation for Promoting Cooperation and Solidarity Amongst the Member States: A Far Enough Step?

Abstract

The COVID-19 pandemic has prompted many EU Member States to introduce unilateral and diverse travel restriction measures and border controls. European Treaties do allow the Member States to derogate from free movements on the grounds of public health, however, the imposition of inconsistent and diverse restrictions threaten the integrity of the Union. The European Commission and Council have an important role to play promoting cooperation and solidarity amongst the EU Member States and safeguarding the Union. A recent Council Recommendation[1] for a coordinated approach to measures restricting free movement is an example of the EU’s response, but does it go far enough? For it is important to acknowledge that a Recommendation is not a legally binding instrument. This Insight analyses the Council Recommendation and its role in promoting a coordinated response to the COVID-19 pandemic by the EU Member States.