Schengen, Differentiated Integration and Cooperation with the ‘Outs’

In case C-44/14, Spain v. European Parliament and Council, the Court of Justice of the Euro-pean Union has had the opportunity to clarify the scope and effects of the British and Irish opt-out in the Schengen area. The Court held that a limited cooperation with those countries by means of inter-national agreements in an area of the Schengen acquis, that does not apply, notoriously, to Ireland and the United Kingdom, does not infringe Art. 4 of the Schengen Protocol. By upholding the legality of such agreements, the judgment introduces some flexibility in dealing with opt-outs, while at the same time confirming that an unrestrained à la carte approach would not be tolerated.