@article{2018:bornemann:mitgliedst,
title = {Mitgliedstaatliche Gestaltungsspielräume im Schengener Grenzkodex – Folgen für einen Raum ohne Kontrollen an Binnengrenzen},
year = {2018},
note = {Following the so-called refugee crisis, several Schengen states opted
for the reintroduction of border controls. The mere fact that such
checks were not just appropriate but equally lawful was beyond doubt
when the new German federal government took office. Notably, however,
the European Parliament disagrees. It argues that continuous
prolongation of such checks would amount to the abolition of the
Schengen area altogether. How do these divergent conceptions come
about? Which margins of discretion do member states possess in order
to reintroduce border controls in line with European Union law? With a
view to the evolution of the Schengen regime, this contribution
explores the tensions between member states’ sovereign choice to
reintroduce border controls and the legal framework established by the
Schengen acquis, which aims at the abolition of such checks.},
journal = {integration},
pages = {194--209},
author = {Bornemann, Jonas},
volume = {41},
number = {3}
}