Local border traffic as a liberalization of the Schengen legal regime in the regional dimension with particular regard to the EU-Ukraine border

Abstract

Local border traffic has a legal basis in the Schengen acquis and is related to the EU’s free movement of persons, which, subject to certain conditions, is also available to third-country nationals. The subject of the article is the legal analysis of the Schengen regime in the context of cross-border cooperation with selected third countries on the external eastern border. The research thesis is proving that local border traffic is an exception to the Schengen regime and at the same time defines the regional dimension of the Schengen area. These analyses will be based on the practical context, which is the operation of the local border traffic on the example of the external eastern border of the European Union, particularly the EU-Ukraine border, which is also the external border of the EU and the Schengen area. In this context, the impact of the liberalized Schengen regime on the movement of people across the EU-Ukraine external border will be examined, which will indicate its phased nature with particular emphasis on the role of local border traffic as a transition phase between visa and visa-free traffic. The article uses comparative statistical data on both forms of liberalization of the Schengen legal regime on the border with Ukraine. At the same time, considering the local border traffic on the EU-Ukraine border, it is worth putting forward a thesis that the local border traffic is increasingly being replaced by visa-free travel. In addition, the LBT became the first step to introduce a visa-free regime, which is further liberalization of the Schengen regime.