H. van Eijken, J. Rijpma
{"title":"阻止病毒自由传播:冠状病毒时期的边境管制和旅行限制","authors":"H. van Eijken, J. Rijpma","doi":"10.36633/ulr.686","DOIUrl":null,"url":null,"abstract":"One year down the road, this article evaluates the travel restrictions imposed in response to the Covid-19 pandemic, first, in the light of the rules of the Schengen acquis (controls at the internal and external borders) and, second, under the provisions on the free movement of EU citizens. It will be argued that, as often is times of crisis, the existing legal framework has proven inadequate to respond to unforeseen circumstances. The result has been the primacy of national executive action. Despite the active role of the EU institutions in coordinating national responses and bringing them in line with EU law, ultimately, more binding coordination and regulation is required to ensure legal certainty and manage mobility, especially if the coronavirus is here to stay. © 2021. The Author(s). This is an open-access article distributed under the terms of the Creative Commons Attribution 4.0 International License (CC-BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. See http://creativecommons.org/licenses/by/4.0/.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.6000,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":"{\"title\":\"Stopping a Virus from Moving Freely: Border Controls and Travel Restrictions in Times of Corona\",\"authors\":\"H. van Eijken, J. Rijpma\",\"doi\":\"10.36633/ulr.686\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"One year down the road, this article evaluates the travel restrictions imposed in response to the Covid-19 pandemic, first, in the light of the rules of the Schengen acquis (controls at the internal and external borders) and, second, under the provisions on the free movement of EU citizens. It will be argued that, as often is times of crisis, the existing legal framework has proven inadequate to respond to unforeseen circumstances. The result has been the primacy of national executive action. Despite the active role of the EU institutions in coordinating national responses and bringing them in line with EU law, ultimately, more binding coordination and regulation is required to ensure legal certainty and manage mobility, especially if the coronavirus is here to stay. © 2021. The Author(s). This is an open-access article distributed under the terms of the Creative Commons Attribution 4.0 International License (CC-BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. See http://creativecommons.org/licenses/by/4.0/.\",\"PeriodicalId\":44535,\"journal\":{\"name\":\"Utrecht Law Review\",\"volume\":\"1 1\",\"pages\":\"\"},\"PeriodicalIF\":0.6000,\"publicationDate\":\"2021-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"2\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Utrecht Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.36633/ulr.686\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Utrecht Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.36633/ulr.686","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 2
Stopping a Virus from Moving Freely: Border Controls and Travel Restrictions in Times of Corona
One year down the road, this article evaluates the travel restrictions imposed in response to the Covid-19 pandemic, first, in the light of the rules of the Schengen acquis (controls at the internal and external borders) and, second, under the provisions on the free movement of EU citizens. It will be argued that, as often is times of crisis, the existing legal framework has proven inadequate to respond to unforeseen circumstances. The result has been the primacy of national executive action. Despite the active role of the EU institutions in coordinating national responses and bringing them in line with EU law, ultimately, more binding coordination and regulation is required to ensure legal certainty and manage mobility, especially if the coronavirus is here to stay. © 2021. The Author(s). This is an open-access article distributed under the terms of the Creative Commons Attribution 4.0 International License (CC-BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. See http://creativecommons.org/licenses/by/4.0/.