A Race against Solidarity The Schengen Regime and the Franco-Italian Affair

Abstract

In April 2011, France reintroduced internal border checks with Italy to prevent mobility by North African immigrants who hold temporary residence permits issued by Italy and who had entered the EU from Tunisia as a result of revolutions and war in the southern Mediterranean region. This has caused a diplomatic row between the two countries, as well as reactions by other EU member states and at the EU levels. This paper examines the compatibility of the Italian and French measures with EU border legislation and legal principles as well as the foundations of the Schengen regime. It argues that the Franco-Italian affair illustrates a ‘race to the bottom ’ on European principles of solidarity, loyal cooperation and fundamental rights. The affair ultimately reveals the very limits and unfinished elements of the EU’s immigration and border policies. Finally, the paper puts forward policy recommendations to the parties involved. The CEPS ‘Liberty and Security in Europe ’ publication series offers the views and critical reflections of CEPS researchers and external collaborators on key policy discussions surrounding the construction of the EU’s Area of Freedom, Security and Justice. The series encompasses policy-oriented and interdisciplinary academic studies and commentary about the internal and external implications of Justice and Home Affairs policies inside Europe and elsewhere throughout the world. Unless otherwise indicated, the views expressed are attributable only to the authors in a personal capacity and not to any institution with which they are associated. This publication may be reproduced or transmitted in any form for non-profit purposes only and on the condition that the source is fully acknowledged.