Instrumentalization and Schengen Borders

The Schengen regime is a cornerstone of European integration and is facilitating the free movement of persons. Its incorporation into the EU legal framework marked a shift toward supranational governance of borders. The work discusses the evolution of Schengen as a form of supranational governance, the role of national sovereignty, and the implications for EU citizenship and border control. The article examines the unique nature of Schengen borders as both a legal and geopolitical construct that blurs traditional distinctions between national and supranational governance. Furthermore, as the Schengen system has recently faced unprecedented pressure from hybrid threats, including the strategic manipulation of migratory flows by third countries. This article explores the legal, political and human rights challenges posed by the instrumentalization of migration at the external borders of the European Union (EU). Through legal analysis and case studies—including developments in Latvia, Lithuania, Poland, and Finland borders—the author highlights significant gaps in EU law that hinder effective responses to instrumentalized migration, and raises human rights concerns related to pushbacks and access to asylum. Concluding that while the Schengen regime has succeeded in promoting mobility and cooperation, its resilience is tested by security threats that exploit legal and normative asymmetries. The article calls for strengthened legal instruments and multidisciplinary approaches to preserve the integrity of EU borders while upholding fundamental rights. Keywords: Instrumentalization of migration; Borders; Border control; Schengen borders: Human rights; Right to asylum; Access to asylum; Finland border; Latvian border, Lithuanian border.