Relations between the Member States of the European Union and the Schengen Area: Sui generis rules in border control

Abstract

Aim: The purpose of this article is to examine the relationship of the Member States of the European Union and their special status territories with the Schengen area. It analyses the content of the treaties and protocols concluded by the Member States with the European Union in general. Among the territories with special status, it examines the rights and obligations of border checks, focusing on the situation of the outermost regions and the overseas countries and territories.
Methodology: document and content analysis.
Findings: The European Union, which was created through the development of cooperation between European countries, has resulted in a unique association between the Member States involved in this cooperation. In addition to initial economic cooperation, there was a need to deepen integration in other areas. One of these was the creation of an area without internal border controls, which has been considered one of the European Union’s greatest achievements since its creation. However, membership of the European Union does not necessarily mean the automatic abolition of internal border controls. This publication therefore focuses on the rules applicable to the Member States and the outermost regions and overseas countries and territories.
Value: The correlations explored in the study have not been presented in such depth at the domestic level before, so the paper can be considered as a missing piece. Although the publication does not aim to present border control in the outermost regions and overseas countries and territories at a practical level, it can serve as a starting point for further research and complementary studies in this field.