Mitgliedstaatliche Gestaltungsspielräume im Schengener Grenzkodex : Folgen für einen Raum ohne Kontrollen an Binnengrenzen

Abstract

Following the so-called refugee crisis, several Schengen states opted for the reintroduction of border controls. The mere fact that such checks were not just appropriate but equally lawful was beyond doubt when the new German federal government took office. Notably, however, the European Parliament disagrees. It argues that continuous prolongation of such checks would amount to the abolition of the Schengen area altogether. How do these divergent conceptions come about? Which margins of discretion do member states possess in order to reintroduce border controls in line with European Union law? With a view to the evolution of the Schengen regime, this contribution explores the tensions between member states’ sovereign choice to reintroduce border controls and the legal framework established by the Schengen acquis, which aims at the abolition of such checks.