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ECJ Clarifies Scope of SIS Rules on Surrender of Seized Objects 
28 July 2026
Dr. Anna Pingen Dr. Anna Pingen in Issue 1/2026
On 4 June 2026, the ECJ ruled in Case C-326/25 (CY v 03 Rayonno upravlenie na SDVR) on the scope of Regulation 2018/1862 concerning alerts in the Schengen Information System (SIS) for objects sought for seizure or use as evidence in criminal proceedings. For … Read more
EU Schengen Procedural Safeguards
Commission: Internal Border Controls by Nine Member States Should Phase Out 
17 July 2026
Thomas Wahl Thomas Wahl in Issue 1/2026
On 2 June 2026, the Commission issued opinions on the temporary reintroduction of internal border controls by nine EU Member States: Austria, Denmark, France, Germany, Italy, The Netherlands, Norway, Slovenia and Sweden. The Commission recommended that the Member States concerned work towards phasing out … Read more
EU Schengen
German Court Finds German Check at Luxembourg Border Unlawful 
1 July 2026
Dr. Anna Pingen Dr. Anna Pingen in Issue 1/2026
On 27 April 2026, the Verwaltungsgericht Koblenz (Administrative Court of Koblenz, Germany) ruled that an identity check by the German Federal Police (Bundespolizei) at the German–Luxembourg border was unlawful. The judgment is significant because it applies the revised Schengen Borders Code, in particular the amended rules on the temporary reintroduction and prolongation of internal border controls in exceptional situations involving large-scale unauthorised migration movements. Read more
EU Area of Freedom, Security and Justice Schengen
Entry/Exit System (EES) Fully Operational Since 10 April 2026 
15 April 2026
Thomas Wahl Thomas Wahl in Issue 1/2026
Since 10 April 2026, the Entry/Exit System (EES) has been fully operational at all external borders of the Schengen Area. Following the completion of the phased rollout that began in October 2025 (→eucrim 2/2025, 111), the entries and exits of third-country nationals on … Read more
EU Security Union Schengen
Europol Clarifies Role in Data Sharing and SIS Alerts 
24 March 2026
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 1/2026
In response to a media article suggesting that information shared via Europol may have been linked to subsequent security measures (including entry bans) in the Schengen Information System (SIS) concerning former Ukrainian prisoners held in Russian-occupied Ukrainian territories, Europol published a fact check on 20 … Read more
EU Schengen Ukraine conflict Europol Law Enforcement Cooperation Data Protection
Protecting Applicants’ Rights Ahead of ETIAS Launch 
22 December 2025
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2025
As preparations continue for the launch of the European Travel Information and Authorisation System (ETIAS) in autumn 2026, the ETIAS Fundamental Rights Guidance Board (EFRGB) (→eucrim 2/2024) is playing a key role in ensuring compliance with data protection and other fundamental rights. The … Read more
EU Fundamental Rights Area of Freedom, Security and Justice Schengen
Frontex and EU Agencies Test New EU Screening Process 
10 November 2025
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 3/2025
In cooperation with Italian national authorities, the EU Agency for Asylum (EUAA), and Europol, Frontex conducted a two-week pilot exercise on Lampedusa in October 2025 to test the EU’s new screening process. This exercise was part of the preparatory measures for implementing the EU Pact … Read more
EU Fundamental Rights Schengen Europol Frontex
FRA Publishes Guidance on Fundamental Rights in Entry/Exit System Rollout 
4 November 2025
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 3/2025
With the gradual introduction of the Entry/Exit System (EES), which was rolled out on 12 October 2025 and is scheduled for full implementation by 10 April 2026 (→eucrim 2/2025, 111), the EU Agency for Fundamental Rights (FRA) published two new guides to support … Read more
EU Fundamental Rights Schengen Agency for Fundamental Rights (FRA)
ECJ Rules on "Same Act" in Terrorist Offences 
27 October 2025 (updated 3 months, 3 weeks ago)
Dr. Anna Pingen Dr. Anna Pingen / Thomas Wahl Thomas Wahl in Issue 2/2025
The EU's ne bis in idem principle prevents a person from being punished for individual terrorist acts if that person has already been punished by another Member State for involvement in a terrorist association with a view to preparing a terrorist act. This is the main statement in the ECJ's ruling of 11 September 2025 in Case C-802/23 (MSIG). Read more
EU Schengen Terrorism Ne bis in idem
Gradual Roll-out of Entry/Exit System Started 
22 October 2025 (updated 8 months, 2 weeks ago)
Thomas Wahl Thomas Wahl in Issue 2/2025
On 12 October 2025, the Schengen countries started the gradual roll-out of the Entry-Exit System. The system will register non-EU nationals’ external border crossings for short stays and includes biometric data and functionalities. The system should be fully operational by 10 April 2026. Read more
EU Schengen
40 Years of Schengen - EU Renews Commitments 
1 July 2025
Dr. Anna Pingen Dr. Anna Pingen in Issue 2/2025
On the occasion of the 40th anniversary of the Schengen Agreement, the Council adopted a joint declaration on 12 June 2025. In it, it reaffirmed its commitment to investing in a common Schengen area as a single travel area without internal border controls and to ensuring sound management of external borders, more effective action against illegal migration and a high level of internal security. Read more
EU Schengen Council
Bavarian Court: 2022 Border Check near German-Austrian Border Unlawful 
12 May 2025
Dr. Anna Pingen Dr. Anna Pingen in Issue 1/2025
On 17 March 2025, the Bavarian Administrative Court followed the arguments put forth by the CJEU and declared an identity check, which took place against a German law professor in June 2022, to be not compliant with the Schengen Borders Code and thus unlawful. Read more
EU Area of Freedom, Security and Justice Schengen
2025 State of Schengen Report 
5 May 2025
Dr. Anna Pingen Dr. Anna Pingen in Issue 1/2025
On 23 April 2025, the European Commission presented the 2025 State of Schengen Report, reviewing the functioning of the world’s largest area of free movement over the past year and outlining the priorities for the next year. The report comes ahead of the celebrations of the 40th anniversary of the Schengen Agreement. Read more
EU Schengen Commission
Bulgaria and Romania Fully Join Schengen 
1 January 2025 (updated 1 year, 4 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 4/2024
Following a decision by the Council on 12 December 2024, Bulgaria and Romania fully joined the Schengen area as of 1 January 2025. Internal land border controls with Bulgaria and Romania are lifted. As of 1 January 2025, citizens enjoy unrestricted land travel between … Read more
EU Schengen
First Report of ETIAS Fundamental Rights Guidance Board Available 
6 September 2024 (updated 1 year, 10 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 2/2024
The Fundamental Rights Guidance Board of the European Travel Information and Authorisation System (in short: the ETIAS Fundamental Rights Guidance Board) is composed of the Fundamental Rights Officer of Frontex, the Consultative Forum on Fundamental Rights of Frontex, the European Data Protection Supervisor (EDPS), the … Read more
EU Schengen Frontex Data Protection
Common Criteria on Entering Terrorists and Extremists in SIS 
20 May 2024
Thomas Wahl Thomas Wahl in Issue 1/2024
On 11 April 2024, the Belgian Council Presidency circulated a note which lists criteria on when a person should be regarded as a potential terrorist or violent extremist threat (“Gefährder”). The note stressed that the criteria are "strictly non-binding". Their goal is to … Read more
Security Union Schengen Law Enforcement Cooperation