Purely Internal Situations and the Limits of EU Law: A Consolidated Case Law or a Notion to be Abandoned?

Sánchez, Sara Iglesias

doi:10.1017/s1574019618000111

Cited by 5 publications

(1 citation statement)

References 7 publications

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“…Even more contentious is the application of confinement or lockdown regimes within states. There is a general principle of EU law that to enjoy its protection, an EU national must have crossed an EU border to exercise an EU right in another Member State (Sánchez, 2018). So, EU nationals caught by the lockdown regimes in a host Member State are entitled to the protection of EU law as regards their free movement (Tryfonidou, 2017).…”

Section: The Legal Challengementioning

confidence: 99%

Covid-19 Using Border Controls to Fight a Pandemic? Reflections From the European Union

Guild

2020

Front. Hum. Dyn.

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When Covid-19 was acknowledged to have arrived in Europe in February-March 2020, politicians and public health authorities scrabbled to find appropriate and effective responses to the challenges. The EU obligation contained in Article 9 Treaty on the Functioning of the European Union (TFEU) requiring the EU (including the Member States to achieve a common protection on human health, however, seems to have been missing from the responses.) Instead, borders and their control became a site of substantial political debate across Europe as a possible venue for effective measures to limit the spread of the pandemic. While the most invasive Covid-19 measures have been within EU states, lockdown, closure of businesses etc., the cross-border aspects (limitations on cross border movement) have been important. In the European Union this had important consequences for EU law on border controls, in particular free movement of persons and the absence of controls among Schengen states. It also implicated border controls with third countries, including European Free Trade Area (EFTA and Switzerland) all states neighboring the EU, the UK (having left the EU on 1 January 2020) the Western Balkans and Turkey. While EU law distinguishes between Schengen borders where no control takes place on persons, non-Schengen EU borders, where controls take place but are limited to identity checks and border controls with third countries and external borders with third countries (non-EFTA or Swiss) the responses of many Member States and the EU institutions abandoned many aspects of these distinctions. Indeed, the difference between border controls between states (inside Schengen, the EU, EFTA, or outside) and internal restrictions on movement became increasingly blurred. Two approaches—public health and public policy—were applied simultaneously and not always in ways which were mutually coherent, or in any way consistent with the Article 9 TFEU commitment. While the public health approach to movement of persons is based on ensuring identification of those in need of treatment or possibly carrying the disease, providing treatment as quickly as possible or quarantine, the public policy approach is based on refusing entry to persons who are a risk irrespective of what that may mean in terms of propagating the pandemic in neighboring states or states of origin. I will examine here the ways in which the two approaches were applied in the EU from the perspective of EU law on border controls.

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Section: The Legal Challengementioning

confidence: 99%

Covid-19 Using Border Controls to Fight a Pandemic? Reflections From the European Union

Guild

2020

Front. Hum. Dyn.

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Member State Interests and EU Internal Market Law

Papp

2019

Between Compliance and Particularism

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The Aporia of EU Citizenship

Lashyn

2021

Liverpool Law Rev

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EU citizenship finds itself in but a deadlock. Certainly no longer being just a symbol of European integration but still far away from a meaningful status of its holders, Union citizenship fails to find its place in the legal landscape of the EU. Having sketched out the current state of EU citizenship and some of its outstanding problems, this article suggests to analyse Union citizenship anew and free from the constraints of legal methodology. In order to do that, this piece employs the works of Jacques Derrida and, on the background of his views on Europe, deconstructs EU citizenship unravelling its aporia.

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Purely Internal Situations and the Limits of EU Law: A Consolidated Case Law or a Notion to be Abandoned?

Cited by 5 publications

References 7 publications

Covid-19 Using Border Controls to Fight a Pandemic? Reflections From the European Union

Covid-19 Using Border Controls to Fight a Pandemic? Reflections From the European Union

Member State Interests and EU Internal Market Law

The Aporia of EU Citizenship

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