scholarly journals A Europe Without Internal Frontiers: Challenging the Reintroduction of Border Controls in the Schengen Area in the Light of Union Citizenship

2021 ◽  
pp. 1-29
Author(s):  
Stefan Salomon ◽  
Jorrit Rijpma

Abstract Border controls within the Schengen area are meant to be a thing of the past. Yet, since the refugee crisis of 2015, “temporary” border controls have become quasi permanent in several European Union Member States. Although these controls are against the letter and spirit of the Schengen Borders Code, the Commission has not taken any measures to enforce these rules. One of the reasons for the dismal state of the Schengen area is the one-sided focus on the abolition of internal border controls as primarily functional for the establishment of the internal market. This comes at the expense of Union citizens’ rights and disregards the fundamental role that the abolition of border controls has on how citizens see the Union in political terms and conceive themselves as Union citizens. Against this background, we argue that from its beginning the objective of the project to abolish border controls was to foster a supranational political identity of Union citizens by transforming citizens’ spatial experience. Union citizenship in the current EU Treaty framework constitutes the legal expression of that historical connection between the abolition of border controls and free movement. Emphasizing the citizenship dimension of an area without internal frontiers provides a different perspective on current controls at the Schengen internal borders.

2017 ◽  
Vol 18 (3) ◽  
pp. 617-630
Author(s):  
Alexander Peukert ◽  
Christian Hillgruber ◽  
Ulrich Foerste ◽  
Holm Putzke

The following Article deals with the issue of whether the Federal Republic of Germany is responsible for examining the applications for international protection of third-country nationals who, since the start of the European refugee crisis have arrived at the German land border or, alternatively, whether Germany is obligated to refuse entry to such persons and relegate them to an adjacent transit country. In most cases, this would require Austria, in particular, to examine these applications for protection. The position outlined in this inquiry may be applied to all internal borders between European Union Member States.


2020 ◽  
Vol 34 (1) ◽  
pp. 3-12 ◽  
Author(s):  
Luke Glanville

AbstractOne of the justifications offered by European imperial powers for the violent conquest, subjection, and, often, slaughter of indigenous peoples in past centuries was those peoples’ violation of a duty of hospitality. Today, many of these same powers—including European Union member states and former settler colonies such as the United States and Australia—take increasingly extreme measures to avoid granting hospitality to refugees and asylum seekers. Put plainly, whereas the powerful once demanded hospitality from the vulnerable, they now deny it to them. This essay examines this hypocritical inhospitality of former centers of empire and former settler colonies and concludes that, given that certain states accrued vast wealth and territory from the European colonial project, which they justified in part by appeals to a duty of hospitality, these states are bound now to extend hospitality to vulnerable outsiders not simply as a matter of charity, but as justice and restitution for grave historical wrongs.


2016 ◽  
Vol 17 (6) ◽  
pp. 967-980 ◽  
Author(s):  
Michałt Kowalski

This Article aims at presenting and clarifying the Polish perspective towards the Mediterranean refugee crisis. Poland has not been directly affected by this crisis so far and this makes the Polish case significantly different from the European Union Member States that are directly affected by a large influx of people seeking protection. This Article briefly presents the Polish legal framework and its origins and analyzes the particular governmental (in)actions towards the Mediterranean refugee crisis, including references to the politicized debate on the issue. Also, the specific context of a potential future Ukrainian crisis is addressed. The Article finishes with concluding remarks and suggestions to employ temporary legal measures to address large movements of refugees and migrants, as such measures deal with the specificity of such movements in the best way that can be achieved.


2018 ◽  
Vol 19 (9) ◽  
pp. 265-269
Author(s):  
Gabriel Nowacki ◽  
Krzysztof Olejnik ◽  
Bartosz Zakrzewski

Paper discussed the terrorist threats, including in particular attacks using vehicles. An analysis of terrorist attacks in the field of terrorist strategy and tactics was made, taking into account statistical data from 2016. Data on the number of terrorist attacks, victims and wounded people in the world and in the European Union over the past years were presented, presenting the ranking of the Institute of Economics and Peace. In addition, terrorist attacks with the use of vehicles in the world and the European Union member states were discussed.


Author(s):  
Ion Flămînzeanu

AbstractEnvironment crime is among the European Union’s central concerns. The TampereEuropean Council of 15 and 16 October 1999 at which a first work program for theEuropean Union action in the field of Justice and Home Affairs was adopted asked thatefforts be made to adopt common definitions of offences and penalties focusing on a numberof especially important sectors, amongst them environment crime. But despite this agreementabout the importance of joint the European Union action, environmental criminal law hasbecome the centre of a serious institutional fight between the European Commission,supported by the European Parliament on the one hand and the Council, supported by thegreat majority of the European Union member states on the other hand. At stake is nothingless than the distribution of powers between the first and the third pillars, and therefore alsobetween the Commission and the European Union’s member states. The effect of this fight iscurrently a legal vacuum on general environmental criminal law that was closed with theDirective 2008/99/CE, taking into consideration the cross-border dimension of environmentalcrime and the existing significant differences in the national legislation of the EuropeanUnion member states.


2012 ◽  
Vol 1 (1) ◽  
pp. 9
Author(s):  
Philipp Studinger ◽  
Michael W. Bauer

Over the past 50 years, an increasing amount of political authority has been delegated to the regional government level in Europe. This paper analyses regional demands for involvement in policy-making by focusing on the preferences of top-level regional civil servants (“regio-crats”). A survey (n=347) of regio-crats in 60 regions of 5 European Union member states serves as the empirical basis for the analysis of regional demands for policy involvement in the multilevel system. The data reveal differential patterns of demands. By and large, regio-crats emerge as being conservative, incremental and modest in their wishes for greater policy involvement, except where the regional contexts are characterised by substantial emancipatory political ambitions or cultural distinctiveness. Regional demands for policy participation in the multilevel system are pragmatic, patch-worked and incremental, and more conservative than transformative.


2018 ◽  
Vol 325 ◽  
pp. 19-27
Author(s):  
Silvia Ručinská ◽  
Miroslav Fečko

European Union Internal Market has become a key element of the European integration and of a citizens´ daily life. Some of the European Union Internal Market´s components are well established and functioning, others have still to struggle with existing barriers. New information and communication technologies and the digitalisation challenged the European Union Internal Market and the European Union Member States to move into the digital era. European Union Member States are now facing the need to adapt the four economic freedoms as a crucial part of the European Union Internal Market to a digital freedom. The aim of the article is to analyse the current state of play of the European Union Digital Single Market and to identify most common and urgent existing obstacles of the European Union Digital Single Market from the perspective of the Slovak Republic.


2014 ◽  
Vol 9 (1) ◽  
pp. 47-56
Author(s):  
Krystyna Romaniuk

The contemporary era is characterized by revolutionary changes in the economy, technological progress, social and political life. Globalization exerts pressure on businesses and entire economies to increase their competitive strength which is defined as the ability to create knowledge. Knowledge creation and management became the new management paradigms. The responsibility for knowledge creation rests mainly upon the research and development sector. The aim of this study was to rank European Union Member States based on the level of knowledge created by their respective research and development sectors and to identify knowledge creation leaders. The analysis relied on EUROSTAT data for 2007-2011 and linear ranking methods with a reference standard. Our results indicate that Western European and Scandinavian countries are the leaders in the area of knowledge creation.


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