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Title: Revisiting Schengen : freedom or restriction of movement?
Authors: Borg Bonaci, Clara (2016)
Keywords: Emigration and immigration law -- European Union countries
Freedom of movement -- European Union countries
Organized crime -- European Union countries
Issue Date: 2016
Citation: Borg Bonaci, C. (2016). Revisiting Schengen : freedom or restriction of movement? (Master's dissertation).
Abstract: The events that took place in the last years, particularly the terror attacks in Paris and in Brussels, as well as the migrant crisis, which reached its peak in the summer of 2015, have led to the temporary reintroduction of border controls by a number of Schengen States. In addition, there has been a marked increase in cross-border trafficking and smuggling of persons, and a prevalence of third country nationals over-staying their authorized duration. These incidents have called into question the future of Schengen, creating scope for a debate on whether Schengen's role in enhancing the free movement of persons ought to be revisited. This thesis considers the role of Schengen in the proliferation of the above threats and it is shown that Schengen has made the European Union more vulnerable to cross-border criminality and has indeed exposed it to risk, while the effect of migration regulations have proven to be hugely disproportionate. Moreover, maintaining a secure borderless Union seems to come at a high cost to privacy and data protection. Nevertheless, the right to free movement is at the cornerstone of European citizenship, and Schengen is highly symbolic of the culmination of years of European integration. Civil liberties, citizen rights, and worker mobility are at stake and the reasons for keeping Schengen are found deep in the history of the EU and span various aspects of European law. The thesis concludes that while the cost of maintaining an area without internal borders may be high, the consequences of reintroducing permanent border controls between Member States are significantly more devastating, and would present a serious regression. It is felt that Schengen's role in the free movement of European citizens ought to be protected, and the way forward lies in mitigating the risk through information sharing, better cooperation and improved legislation.
Description: LL.D.
Appears in Collections:Dissertations - FacLaw - 2016

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