Love thy neighbour? Coronavirus politics and their impact on EU freedoms and rule of law in the Schengen Area. CEPS Paper in Liberty and Security in Europe No. 2020-04, April 2020

Carrera, Sergio and Luk, Ngo Chun (2020) Love thy neighbour? Coronavirus politics and their impact on EU freedoms and rule of law in the Schengen Area. CEPS Paper in Liberty and Security in Europe No. 2020-04, April 2020. UNSPECIFIED.

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Abstract

Restrictions on international and intra-EU traffic of persons have been at the heart of the political responses to the coronavirus pandemic. Border controls and suspensions of entry and exist have been presented as key policy priorities to prevent the spread of the virus in the EU. These measures pose however fundamental questions as to the raison d’être of the Union, and the foundations of the Single Market, the Schengen system and European citizenship. They are also profoundly intrusive regarding the fundamental rights of individuals and in many cases derogate domestic and EU rule of law checks and balances over executive decisions. This Paper examines the legality of cross-border mobility restrictions introduced in the name of COVID-19. It provides an in-depth typology and comprehensive assessment of measures including the reintroduction of internal border controls, restrictions of specific international traffic modes and intra-EU and international ‘travel bans’. Many of these have been adopted in combination with declarations of a ‘state of emergency’.

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