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1. Covid-19 bends the rules on internal border controls: Yet another crisis undermining the Schengen acquis?

Author:
Saila Heinikoski
Publication Date:
04-2020
Content Type:
Working Paper
Institution:
Finnish Institute of International Affairs
Abstract:
Free movement within the Schengen Area has been challenged in recent years by national measures: from internal border checks after the ‘migration crisis’ to the closure of borders in the Covid-19 crisis. This is the first time in the history of Schengen that member states have categorically refused entry to other EU citizens who are not registered residents or cross-border workers. Seventeen Schengen countries have submitted a notification on reintroducing internal border control due to Covid-19: Austria, Belgium, Czechia, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Lithuania, Norway, Poland, Portugal, Slovakia, Spain and Switzerland. The use of Schengen provisions was creative: 12 states justified their internal border controls as a case requiring immediate action (Art. 28), France and Denmark expanded their already existing internal border controls (Art. 25), Finland appealed to the ‘foreseeable event’ clause (Art. 25), and Slovakia and Poland introduced ‘healthcare-police measures’ (Art. 23) before launching border controls (Art. 28). The crisis illustrates the need to reform Schengen in order to maintain the legitimacy of commonly agreed rules.
Topic:
Regional Cooperation, European Union, Public Health, Schengen, Pandemic, and COVID-19
Political Geography:
Europe, Finland, Norway, France, Poland, Lithuania, Germany, Estonia, Belgium, Denmark, Hungary, Spain, Switzerland, Portugal, Iceland, Austria, Czech Republic, and Slovakia

2. The Geostrategic Arctic: Hard security in the High North

Author:
Harri Mikkola
Publication Date:
04-2019
Content Type:
Working Paper
Institution:
Finnish Institute of International Affairs
Abstract:
The end of the Cold War meant that the Arctic region lost most of its geostrategic relevance. However, due to growing great power competition, the Arctic is back on the geopolitical map. Hard security dynamics in the region are defined by two key elements: the importance of conventional long-range missiles and nuclear weapons for Russia, and the importance of the North Atlantic sea line of communication for European defence. Russia has revitalized its Cold War-era bastion strategy, which aims to ensure the survival of its strategic ballistic missile submarines. In a crisis scenario, this strategy could pose serious challenges to the Nordic countries as well. Five Arctic states are members of NATO and the Alliance’s collective defence is operational in the Arctic. Even if the Arctic is still not a focus area for NATO, the North Atlantic maritime domain is increasingly back on the agenda. Given the divergent strategic interests and lack of common ground between Russia and other Arctic states on grand strategic issues, the Arctic will not be losing its geostrategic importance anytime soon.
Topic:
Security, NATO, Regional Cooperation, Military Strategy, and Maritime
Political Geography:
Russia, United States, Europe, Canada, Finland, Norway, Denmark, Sweden, Iceland, and Arctic

3. Legal order free of pillars: European Courts' jurisdiction in the post-Treaty of Lisbon setting

Author:
Janne Salminen
Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
From the legal point of view, the most important change ushered in by the Treaty of Lisbon concerns the scope of the jurisdiction of the Court of Justice of the European Union. This was widened due to the dismantling of the pillar structure. As a general rule, the jurisdiction of the European Courts now covers previous third pillar matters as well, namely criminal law and police co-operation. The dismantling of the pillar structure did not, however, affect the Common Foreign and Security Policy. The Union Courts still do not have jurisdiction in this area. This rule has two important exceptions. Although the Area of Freedom, Security and Justice is communitarised and more coherent than before, the previous limits in its territorial scope, namely the opt-outs of the UK, Ireland and Denmark, did not disappear, so limits in the Courts' jurisdiction remain. The Treaty of Lisbon amendments did not change the fundamentals of the judicial doctrines, such as the direct effect and primacy of European Union law. Importantly, the application of these doctrines was widened instead, owing to the depillarisation. The Treaty of Lisbon amendments meant that the decisions of the European Council and European Union bodies, offices and agencies can be reviewed under the preliminary ruling procedure. The Treaty of Lisbon changed the much-debated criteria for the standing of non-privileged applicants in actions to review the legality of the European Union acts.
Topic:
Security, Foreign Policy, Treaties and Agreements, and Law
Political Geography:
United Kingdom, Europe, Denmark, Lisbon, and Ireland