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09/05/2022 - Schengen: maximum suspension of 6 months for reasons of public order and internal security

argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: Schengen - suspension - internal security

On April 26, 2022, the CGUE with the sentence on joined cases C-368/20 and C-369/20 provided answers on an Austrian case when, due to a strong flow of people, it restored the borders on the border with the Hungary and Slovenia., Stating that only the “serious” threat justifies the re-establishment of border controls which cannot be renewed except for a “new” threat. Member states for the protection of internal security and public order can only reintroduce border controls on borders within the European Union for a maximum period of six months. Therefore the Schengen agreement that allows the free movement of persons within the perimeter of the European Union in the absence of controls can be suspended on the initiative of a Member State but only for a maximum duration of six months. And this exceptional measure can only be renewed for new serious threats.