Rule of law backsliding within the EU: The case of informal readmissions of third-country nationals at internal borders

Abstract

The essay deals with the enhancement of the legal framework for informal readmissions at internal borders enshrined in the former Schengen Border Code (now Union Code on the rules governing the movement of persons across borders), which in turn requires enhancement of bilateral police cooperation. It focuses on the impact of the new rules on the prohibition on police controls equivalent to border checks to highlight that the case-law of the Court of Justice on the matter creates a huge grey area which is critical for the ideal of a border-check-free Union. Increased use of video surveillance and other technologies also faces the legal bottleneck of prohibition on police controls having equivalent effects to border checks, as well as raising serious concerns about fundamental rights. It is argued that the situation resulting from these amendments to the former Schengen Border Code should be considered in terms of an impending rule of law crisis at internal borders.