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POSTS BY Pola Cebulak
05 May 2022
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Schengen Restored

On 26 April 2022, the Court of Justice of the EU rendered a ruling in joined cases C-368/20 and C-369/20 stating that Member States of the European Union can re-introduce border controls within the Schengen Zone only under strict conditions. The Court has stepped up as a guardian of the Treaties protecting free movement of people without controls at the internal borders of the EU. At the same time, it has left room for the European and national executives to exercise their function and fill in the blanks. Continue reading >>
11 October 2021
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The Writing is on the Wall

On 6 October 2021, Advocate General (AG) Saugmandsgaard Øe published his Opinion in the joined cases C-368/20 NW v Landespolizeidirektion Steiermark and C-369/20 NW v Bezirkshauptmannschaft Leibnitz. Six Schengen countries (Germany, France, Austria, Denmark, Norway and Sweden) have reintroduced border controls over the past years. If the Court of Justice of the European Union (CJEU) were to follow the AG’s Opinion, they would need to seriously rethink their practices in this regard. New evidence-based procedures and serious reasons, capable of passing a proportionality test, would be necessary to introduce border controls within the Schengen Zone. Continue reading >>
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25 June 2021
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The Guardian is Absent

What limits does European Union (EU) law impose on Member States invoking national security to temporarily re-introduce border controls within the Schengen Area? This question will be answered soon by the European court of Justice (ECJ) in the joined cases C-368/20 NW v Landespolizeidirektion Steiermark and C-369/20 NW v Bezirkshauptmannschaft Leibnitz. Continue reading >>