Schengen Borders and Multiple National States of Emergency: From Refugees to Terrorism to COVID-19

Elspeth Guild

doi:10.1163/15718166-12340111

Abstract

Abstract The re-introduction of intra-Schengen state border controls has been a constant feature of the area since the abolition of those controls in 1995. The seriousness of the controls introduced and the justifications which have been put forward for them have varied substantially. At the moment there are three overlapping regimes of temporarily reintroduced border controls in the area: those reintroduced to counter terrorism, those reintroduced to counter so-called secondary movements (the movement of people seeking international protection within the Schengen area) and those introduced to counter the spread of COVID-19. The article examines the three frameworks of temporary controls, the justifications provided by states using them for their operation, and the response of the EU institutions.

Highlights

The Schengen area consists of 26 European states, most members of the EU1 but some not.[2]
At the moment there are three overlapping regimes of temporarily reintroduced border controls in the area: those reintroduced to counter terrorism, those reintroduced to counter so-called secondary movements and those introduced to counter the spread of COVID-19
By 2021, there are three overlapping regimes of temporarily reintroduced border controls in the area: those reintroduced to counter so-called via free access secondary movements, those reintroduced to counter terrorism, and those introduced to counter the spread of COVID-19

Summary

Introduction

The Schengen area consists of 26 European states, most members of the EU1 but some not.[2]. There was the arrival of more refugees than expected in the period 2015–2016; secondly, a series of terrorist attacks in a number of EU countries (most prominently France) in 2015–2016 responsibility for which was claimed by Al Qaeda or related religious bodies, and thirdly, in 2020–2021 efforts to use border controls to contain the COVID-19 pandemic The first of these challenges has led to substantial focus on external border controls, including the enhancement of the EU external border agency, Frontex.[3] The second has led towards greater coordination in respect of antiand counter-terrorism measures, with a focus in particular on the EU’s external borders.[4] the third has put into disarray the internal border control free system of Schengen, but with less focus on the external border and its control.[5] The resilience of the Schengen system, has been impressive. While challenges (1) and (2) were transformed into external border control issues, the 3rd has put the internal market at risk

Schengen and Border Controls

Schengen and Terrorism

Conclusions