In case C-44/14, Spain v. European Parliament and Council, the Court of Justice of the Euro-pean Union has had the opportunity to clarify the scope and effects of the British and Irish opt-out in the Schengen area. The Court held that a limited cooperation with those countries by means of inter-national agreements in an area of the Schengen acquis, that does not apply, notoriously, to Ireland and the United Kingdom, does not infringe Art. 4 of the Schengen Protocol. By upholding the legality of such agreements, the judgment introduces some flexibility in dealing with opt-outs, while at the same time confirming that an unrestrained à la carte approach would not be tolerated

Miglio, A. (2016). Schengen, Differentiated Integration and Cooperation with the ‘Outs’. EUROPEAN PAPERS, 1(1), 139-148 [10.15166/2499-8249/11].

Schengen, Differentiated Integration and Cooperation with the ‘Outs’

MIGLIO, ALBERTO
2016

Abstract

In case C-44/14, Spain v. European Parliament and Council, the Court of Justice of the Euro-pean Union has had the opportunity to clarify the scope and effects of the British and Irish opt-out in the Schengen area. The Court held that a limited cooperation with those countries by means of inter-national agreements in an area of the Schengen acquis, that does not apply, notoriously, to Ireland and the United Kingdom, does not infringe Art. 4 of the Schengen Protocol. By upholding the legality of such agreements, the judgment introduces some flexibility in dealing with opt-outs, while at the same time confirming that an unrestrained à la carte approach would not be tolerated
Articolo in rivista - Articolo scientifico
Cooperation through international agreements; Differentiated integration; Eurosur regulation; Ireland and the united kingdom; Opting-out; Schengen acquis;
English
139
148
10
OA Journal
Miglio, A. (2016). Schengen, Differentiated Integration and Cooperation with the ‘Outs’. EUROPEAN PAPERS, 1(1), 139-148 [10.15166/2499-8249/11].
Miglio, A
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10281/119089
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