Another border-free zone in Europe? New article by Graham Butler – University of Copenhagen

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18 November 2015

Another border-free zone in Europe? New article by Graham Butler

In a new article, ‘Not a “real” Common Travel Area: Pachero v Minister for Justice and Equality’, Graham Butler at the Centre of Comparative and European Constitutional Studies discusses another border-free zone by two EU Member States within the European Union, that is outside that of the Schengen Area, operating carefully within the bounds of national law, whilst having a wider impact on free movement in Europe.

The article firstly contextualises the Common Travel Area between the United Kingdom and Ireland by setting out how it came about, and why it is still in use 90 years after its creation, outside of the European Union legal order, and catered for specifically within the Protocols annexed to the Treaties of the European Union. The facts of High Court case, Pachero v Minister for Justice and Equality, are then discussed, wherein the discrepancies of the Common Travel Area come to light that allow for some wider analysis and commentary to be provided. In concludes by analysing the current undertakings by British and Irish immigration officials on a new regime of short-term visas through the creation of a British-Irish Visa Scheme, separate from the Schengen Visas used elsewhere in the European Union, and in effect, further away from European Union law.

By mapping out the circumstances in the individual case, it details how landmark cases before courts such as this play an important role in enhancing the Common Travel Area, Europe’s other border-free zone, as it builds itself on Schengen-like principles, yet away from the European Union.

Read the article here.