Stopping a Virus from Moving Freely: Border Controls and Travel Restrictions in Times of Corona

Abstract

One year down the road, this article evaluates the travel restrictions imposed in response to the Covid-19 pandemic, first, in the light of the rules of the Schengen acquis (controls at the internal and external borders) and, second, under the provisions on the free movement of EU citizens. It will be argued that, as often is times of crisis, the existing legal framework has proven inadequate to respond to unforeseen circumstances. The result has been the primacy of national executive action. Despite the active role of the EU institutions in coordinating national responses and bringing them in line with EU law, ultimately, more binding coordination and regulation is required to ensure legal certainty and manage mobility, especially if the coronavirus is here to stay.

Cross-border mobility in the Meuse-Rhine Euroregion: impact of COVID-19 border restrictions on everyday activities and visiting social network members

“…As the virus enters an endemic phase, it is important to update legal frameworks and establish enforceable measures to prepare for possible public health threats in the future. It has been established that in a highly globalized world and a Europe with open borders, imposing border restrictions is detrimental and should only be implemented in crisis situations ( 37 ). Border restrictions should be temporary, proportionate, and coordinated between countries, rather than a unilateral action.…”

“…Border restrictions should be temporary, proportionate, and coordinated between countries, rather than a unilateral action. Targeted measures are considered more effective and less disruptive ( 37 ).…”

“…It has been suggested that border-related movements are not inherently more risky for SARS-CoV-2 transmission compared to in-country movements, and public health professionals have questioned the emphasis on restricting borders while leaving in-country movements largely unrestricted ( 5 ). If border restrictions or other measures are implemented, they should be aligned with neighboring countries to prevent adverse effects and impact on citizens ( 13 , 37 , 38 ). Therefore, cross-border collaboration on interventions that limit transmission but also minimize impact on citizens, especially in border regions, should be encouraged.…”