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.
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