Evading EU law through summary returns at internal borders: Practice, legality and the role of courts
Abstract
This article examines the evasion of EU law through summary returns at internal EU borders. It provides a mapping of Member States’ practices and assesses their legality under the current and reformed EU asylum, border, and return laws. It shows how Member States increasingly rely on unilateral and bilateral mechanisms, including refusals of entry and readmission agreements, to circumvent common procedures. Drawing on a comprehensive review of case law, the article offers a comparative analysis of the response of domestic courts, concluding that judicial oversight has been vital but insufficient. The article proposes, inter alia, targeted legislative amendments to prevent the normalization of removal practices that undermine the effet utile of EU law, legal coherence, and fundamental rights accountability.
Fields of Study & Subjects
European Criminal Justice and Data Protection
Gender and Women's Rights
EU Law and Policy Analysis
Publication details
- Journal / source
- Common Market Law Review
- Publisher
- Kluwer Law International BV
- Volume
- 63
- Issue
- Issue 2
- Pages
- 413–454
- Publication date
- 1 April 2026
- Language
- EN