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CJEU in Focus #4: C-143/22 ADDE and Others

When internal borders become external borders

Add to calendar 2024-02-23 16:00 2024-02-23 17:30 Europe/Rome CJEU in Focus #4: C-143/22 ADDE and Others Sala dei Cuoi Villa Salviati - Castle YYYY-MM-DD


23 February 2024

16:00 - 17:30 CET


Sala dei Cuoi

Villa Salviati - Castle

Organised by

The EU Law Working Group hosts the fourth instalment of CJEU in Focus.

About the judgment:

As another chapter in the story on the legal implications of the temporary reintroduction of border controls on the EU internal frontiers, ADDE and Others illustrates the complex interplay between the Schengen Borders Code and the Return Directive.

In a preliminary ruling requested by the Conseil d’Etat, the CJEU reaffirmed that a Member State, in this case France, may temporarily introduce border controls. Interestingly the provisions of the Schengen Borders Code on external borders become applicable mutatis mutandis to internal borders. This allows Member States to apply the provisions on refusal of entry to third-country nationals who had crossed the border irregularly. However, the CJEU stated that the guarantees and procedures of the Return Directive remain applicable, which may deprive the provisions on the refusal of entry of the Schengen Borders Code of any useful effect.

The judgment may be of particular interest for those working on the Schengen Area, EU migration law and the rights of third-country nationals in the EU.

The European Union Law Working Group is a forum where EUI members, external researchers, and practitioners working on European Union law discuss their work and interact with other scholars. All interested fellows, PhD researchers, professors and visiting academics are invited to participate.

In the last week of every month, the CJEU in Focus gives an opportunity to discuss the important judgments recently delivered by the CJEU. The judgments are suggested by members of the EUI community. Do not hesitate to contact the EU Law Working Group if there is a judgment you would like to discuss.

Scientific Organiser(s):

Ieva Hūna (European University Institute)

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