Our Odysseus member Madalina Moraru (Associate Professor of EU Law at the University of Bologna) has published an article in the Common Market Law Review on “Evading EU Law Through Summary Returns at Internal Borders: Practice, Legality, and the Role of Courts”.
In light of the recently voted LIBE proposal on the Return Regulation and the forthcoming entry into force of the Pact legislation, the article examines a growing phenomenon: summary returns at internal Schengen borders used to circumvent common EU procedures.
Drawing on a review of more than 1,500 judicial decisions, we identified 23 relevant cases from courts in Austria, France, Germany, Italy, and Slovenia. The article maps Member State practices, evaluates their legality under both the current and the reformed EU migration law framework, and reflects on the role—and the limits—of European courts in safeguarding the effectiveness of EU law and the protection of fundamental rights. It also proposes possible legislative changes to prevent such practices in the future.
For a pre-print of the article, please click here!
