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Stopping a Virus from Moving Freely: Border Controls and Travel Restrictions in Times of Corona Cover

Stopping a Virus from Moving Freely: Border Controls and Travel Restrictions in Times of Corona

By:  and    
Open Access
|Oct 2021

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.

DOI: https://doi.org/10.36633/ulr.686 | Journal eISSN: 1871-515X
Language: English
Page range: 34 - 50
Published on: Oct 12, 2021
Published by: Utrecht University School of Law
In partnership with: Paradigm Publishing Services

© 2021 H. van Eijken, J.J. Rijpma, published by Utrecht University School of Law
This work is licensed under the Creative Commons Attribution 4.0 License.