The return of borders and the political reconstitution of Schengen

Description

The Schengen area is based on two pillars; the elimination of internal border controls
and the harmonisation of external border controls. Since 2015, both pillars have been
eroded as member states have reacted to a series of external shocks to the Schengen
system with various processes of ‘re-bordering’. The shocks have included a large
increase in the number of migrants and asylum seekers reaching Europe in
2015-2016, the Covid-19 pandemic of 2020-2022, and the migration
‘instrumentalisation’ tactics of the Belarusian and Russian governments since 2021.
Member state reactions have included the prolonged re-introduction of internal
border controls, the breakdown of normal processes for receiving third country
nationals at Schengen’s external borders, and legally and ethically questionable
attempts to prevent potential asylum seekers from entering the Schengen area and to
remove those who have arrived.

These national and supranational processes of re-bordering have attracted
considerable scholarly attention. Schengen’s re-bordering has been conceived, among
other things, as a ‘reconfiguration’, a ‘defensive integration’, and a reframing of
Schengen as a pan-European security project. In this paper, I suggest that Schengen’s
re-bordering amounts to a hollowing out of its legal framework in favour of
maximising the space for political discretion. Re-bordering does not equal de-
legalisation because no states have withdrawn from Schengen and the ECJ’s
jurisdiction has not formally changed. Re-bordering does not equal disintegration
either, because both national and supranational executives are empowered by its
processes. Yet, Schengen is fundamentally changed - both de jure and de facto.
Existing rules are routinely ignored, while new rules carve out areas of exception to
be governed by political action. The cumulative effect of these changes is to reinforce
member states’ capacity to protect their borders vis a vis third country nationals,
while largely leaving Schengen intact for EU citizens.

Thus, the driving force behind this paper is an attempt to understand what is
happening to the Schengen area. More specifically, I address the following research
questions: First, how can we conceptualise Schengen’s legal and political
transformation? Second, through which mechanisms is this transformation taking
place? In answering these questions, I posit that Schengen’s transformation consists
in its legal hollowing out and political reconstitution.

Period	26 Aug 2025 → 29 Aug 2025
Event title	European Consortium for Political Research Conference 2025
Event type	Conference
Location	Thessaloniki, GreeceShow on map
Degree of Recognition	International