Schengen Reform: 'Alternatives' to Border Controls to Curb 'Secondary Movements'

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2022 7(2), 573-582 | European Forum Insight of 31 July 2022 | (Table of Contents) I. Introduction. - II. Cross-border police cooperation to counter 'secondary movements'. - III. The 'endtimes' of procedural safeguards. - IV. Conclusion. | (Abstract) A series of challenges and crises have highlighted the deficits of the 'Schengen Αrea' both regarding its external and internal borders. This resulted in the undermining of trust between the Member States which is essential to sustain an area free from internal borders. Thus, the EU Commission presented in December 2021 new rules to strengthen the Schengen System. This Insight aims to analyse the promotion of 'alternative' measures to internal border controls as an attempt to curb secondary movements of third-country nationals without resorting to border controls, such as through in-creased joint police patrols. Special attention will be given to the introduction of a new 'alternative' measure envisaged in art. 23a of the proposal to amend the Schengen Borders Code that provides for a distinct transfer procedure for those apprehended at the internal borders in the context of cross-border police cooperation and who do not have a right to enter or stay. It is highly questionable though how this procedure will be implemented to be in line with the fundamental rights and the procedural safeguards envisaged in the asylum acquis, the EU Charter of Fundamental Rights, and the European Convention on Human Rights.

Keywords

• schengen borders code
• cross-border police cooperation
• internal borders
• secondary movements
• transfer
• fundamental rights