City Research Online

Abstract

The Common Travel Area (CTA) relating to Ireland and the UK and the resulting Schengen Protocol has generated a vast range of jurisdictional, constitutional, technical and practical questions on the contours of the Area of Freedom, Security and Justice. It arguably has spurred on a vast scholarship on the concept of constitutional flexibility. Brexit has reinforced this legal domain as one of much complexity, depth and difference. There is no easy solution for the manner in which it has evolved. While this piece has predominantly focused upon Ireland, much remains of the dis-entangling issue, of how the water borders of neighbouring countries appear to compound each other and appear intractable as legal problems.

Publication Type:	Book Section
Additional Information:	This is a draft chapter. The final version will be available in The Law of Schengen: Origin, Content, Scope and Perspectives After Forty Years edited by Philippe De Bruycker, Fabian Lutz, Jorrit Rijpma and Daniel Thym, to be published in 2026, Edward Elgar Publishing Ltd: https://www.e-elgar.com/shop/gbp/the-law-of-schengen-9781035341931.html
Publisher Keywords:	Common Travel Area, Schengen, Brexit, Protocol, Ireland, Area of Freedom, Security and Justice
Subjects:	J Political Science > JA Political science (General) J Political Science > JN Political institutions (Europe) K Law > K Law (General)
Departments:	The City Law School The City Law School > Academic Programmes
SWORD Depositor:	Symplectic Administrator

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