Love thy neighbour?
Coronavirus politics and their impact on
EU freedoms and rule of law in the Schengen Area. CEPS Paper in Liberty and Security in Europe No. 2020-04, April 2020
Restrictions on international and intra-EU traffic of persons have been at the heart of the political responses
to the coronavirus pandemic. Border controls and suspensions of entry and exist have been presented as
key policy priorities to prevent the spread of the virus in the EU. These measures pose however fundamental
questions as to the raison d’être of the Union, and the foundations of the Single Market, the Schengen
system and European citizenship. They are also profoundly intrusive regarding the fundamental rights of
individuals and in many cases derogate domestic and EU rule of law checks and balances over executive
decisions.
This Paper examines the legality of cross-border mobility restrictions introduced in the name of COVID-19.
It provides an in-depth typology and comprehensive assessment of measures including the reintroduction
of internal border controls, restrictions of specific international traffic modes and intra-EU and international
‘travel bans’. Many of these have been adopted in combination with declarations of a ‘state of emergency’
