El Espacio Schengen y la reinstauración de los controles en las fronteras interiores de los Estados miembros de la Unión Europea

Traditionally, by virtue of their sovereignty, the control of migratory flowswas an exclusive competence of the EU members. Nevertheless, the Conventionthat is implementing the Schengen Agreement, which came into forcein 1995, meant both the effective suppression of controls on people’s movementacross the Community frontiers and the reinforcement of the non Communityborders. In 2006, the “Schengen Borders Code” modified the mentionedtext, allowing under certain requirements the reestablishment offrontiers controls for the EU members, based on public order and nationalsecurity reasons. The scarce recurrence to this measure and its inefficiency,together with the recent migratory problems, have motivated proposals ofmodification of the Commission, that emphasize the Community institutions’control of EU members’ action on borders power, at the expense of theircurrent wide discretionary power, which has led to considerable reticence.