Inkorporacja acquis Schengen do prawa Unii Europejskiej i prawa krajowego państw członkowskich
The incorporation of the Schengen acquis into European Union law and the national law of the member states

Summary/Abstract: This article takes up in the form of an interdisciplinary legal and political analysis the issue of the incorporation of the Schengen acquis into European Union law and the national legal systems of the EU memberstates in the light of the concept of a hybrid system of territorial governance. Accordingly, the Schengenacquis stimulated the process of intersecting the interests of internal security and the protection of MemberStates’ borders with the supranational ideological imperative with regard to the principle of free movementof persons. The argument developed in this article is that the incorporation of the Schengen acquis into EUlaw consolidated hybridity of the legal and institutional construction of the EU after the Amsterdam Treatyas a result of the contradiction between the logic of political bargain at the intergovernmental level and thevertical spillover generated at the supranational level in the institutional and decision-making dimensions.The conclusions point to the emergence, as a result of “schengenisation”, of the area of freedom, security and justice in the EU, in which the principle of free movement of people brought about diversification ofthe states’ adaptation mechanisms in relation to the ideologically determined project of transformation ofthe system of management of the territory and borders within the European Union.

• Details
• Contents