{"title":"申根区的内部边境管制和健康威胁:新冠肺炎大流行的教训?","authors":"S. Montaldo","doi":"10.1163/15718166-12340112","DOIUrl":null,"url":null,"abstract":"\nThe COVID-19 pandemic has exacerbated the Member States’ overreliance on the rules of the Schengen Borders Code allowing for temporary reintroduction of border control and has questioned the institutional narrative of an EU-wide borderless area as a key achievement of the integration process. This article focuses on the legal implications of the border measures enacted by the Member States following the COVID-19 outbreak and discusses their compatibility with relevant EU law, also in the light of available epidemiological studies on the link between border controls and spread of the virus. The analysis contends that the pandemic has offered an unprecedented opportunity to pave the way to shared solutions to the enduring crisis of the internal dimension of the Schengen area, such as a detailed reform of the Schengen Borders Code and a reconsideration of the current governance of the Schengen area itself.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":" ","pages":""},"PeriodicalIF":1.5000,"publicationDate":"2021-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Internal Border Control in the Schengen Area and Health Threats: Any Lessons from the COVID-19 Pandemic?\",\"authors\":\"S. Montaldo\",\"doi\":\"10.1163/15718166-12340112\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\nThe COVID-19 pandemic has exacerbated the Member States’ overreliance on the rules of the Schengen Borders Code allowing for temporary reintroduction of border control and has questioned the institutional narrative of an EU-wide borderless area as a key achievement of the integration process. This article focuses on the legal implications of the border measures enacted by the Member States following the COVID-19 outbreak and discusses their compatibility with relevant EU law, also in the light of available epidemiological studies on the link between border controls and spread of the virus. The analysis contends that the pandemic has offered an unprecedented opportunity to pave the way to shared solutions to the enduring crisis of the internal dimension of the Schengen area, such as a detailed reform of the Schengen Borders Code and a reconsideration of the current governance of the Schengen area itself.\",\"PeriodicalId\":51819,\"journal\":{\"name\":\"European Journal of Migration and Law\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":1.5000,\"publicationDate\":\"2021-12-21\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"European Journal of Migration and Law\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1163/15718166-12340112\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"DEMOGRAPHY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Journal of Migration and Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1163/15718166-12340112","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"DEMOGRAPHY","Score":null,"Total":0}
Internal Border Control in the Schengen Area and Health Threats: Any Lessons from the COVID-19 Pandemic?
The COVID-19 pandemic has exacerbated the Member States’ overreliance on the rules of the Schengen Borders Code allowing for temporary reintroduction of border control and has questioned the institutional narrative of an EU-wide borderless area as a key achievement of the integration process. This article focuses on the legal implications of the border measures enacted by the Member States following the COVID-19 outbreak and discusses their compatibility with relevant EU law, also in the light of available epidemiological studies on the link between border controls and spread of the virus. The analysis contends that the pandemic has offered an unprecedented opportunity to pave the way to shared solutions to the enduring crisis of the internal dimension of the Schengen area, such as a detailed reform of the Schengen Borders Code and a reconsideration of the current governance of the Schengen area itself.
期刊介绍:
The European Journal of Migration and Law is a quarterly journal on migration law and policy with specific emphasis on the European Union, the Council of Europe and migration activities within the Organisation for Security and Cooperation in Europe. This journal differs from other migration journals by focusing on both the law and policy within the field of migration, as opposed to examining immigration and migration policies from a wholly sociological perspective. The Journal is the initiative of the Centre for Migration Law of the University of Nijmegen, in co-operation with the Brussels-based Migration Policy Group.