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Reinvigorating Schengen
The absence of internal border controls within the Schengen area is a major achievement of the European project. Several Member States have undermined its functioning by means of prolonged periods of ‘temporary’ internal border controls. These practices have often been illegal, in light of a CJEU judgment interpreting the Schengen Borders Code Regulation. In a remarkable move, the EU institutions have legalised prolonged periods of internal border controls in a revision of the legislation, which entered into force on 10 July 2024. Professor Thym analyses the amendment and discusses proposals for how to rebuild trust in the Schengen area in a policy paper written for the European Policy Centre (‘Reinvigorating Schengen amid Legal Changes and Secondary Movements’).