European Papers (Jun 2021)
Council Recommendation for Promoting Cooperation and Solidarity Amongst the Member States: A Far Enough Step?
Abstract
(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 189-198 | European Forum Insight of 7 June 2021 | (Table of Contents) I. Introduction. - II. Diversity in Member States' approach to COVID-19 related travel restrictions. - III. The EU institutions' response to the implications of Member States imposing differing COVID-19 travel restrictions. - IV. Council Recommendation on a coordinated approach to measures restricting free movement in response to the COVID-19 pandemic. - V. Striking a balance between respect for Member States competence in protecting public health at national level and combating the risks to European unity and freedoms from Member States imposing differing restrictive measures. - VI. The Council Recommendation's timely and useful guidance and recommendations. - VII. The Recommendation's lack of consideration of other international public health bodies. - VIII. Final remarks. | (Abstract) The COVID-19 pandemic has prompted many EU Member States to introduce unilateral and diverse travel restriction measures and border controls. European Treaties do allow the Member States to derogate from free movements on the grounds of public health, however, the imposition of inconsistent and diverse restrictions threaten the integrity of the Union. The European Commission and Council have an important role to play promoting cooperation and solidarity amongst the EU Member States and safeguarding the Union. A recent Council Recommendation for a coordinated approach to measures restricting free movement is an example of the EU's response, but does it go far enough? For it is important to acknowledge that a Recommendation is not a legally binding instrument. This Insight analyses the Council Recommendation and its role in promoting a coordinated response to the COVID-19 pandemic by the EU Member States.
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