Dear Colleagues,

Do we have anyone here who's knowledgeable about EU law and the Schengen Area? I have a question that I haven't been able to find a good answer to anywhere.

This is not about the coronavirus pandemic, which I understand is a different issue, but about the six countries that had already been maintaining border controls since related to migration and terrorism since 2016.

I am trying to wrap my head around the legal basis of Germany, Austria, Denmark, Sweden, and Norway's extension of "temporary reintroduction of border control" declarations past the original 2-year deadline in November 2017.

My understanding is that at that point they began justifying the controls under the same rationale that France had already set a precedent for with its many extensions, but I don't understand the legal rationale for France's extensions either. I have seen references to them switching from Article 29 provisions to Article 25 provisions, but when I read the Schengen Borders Code, I can't find anything in Article 25 that I can manage to interpret as allowing unlimited extensions.

I understand that there's an argument that what these five countries and France have been doing is indeed illegal, but I want to also understand what their own lawyers' argument might be for its legality.

Many, many thanks in advance for any thoughts!

Best regards,
 
Evan Centanni
Editor & Cartographer
Political Geography Now
www.polgeonow.com
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