ABSTRACT
This chapter examines the delegation of discretion within the intra-Schengen mobility control system, focusing on how discretion is granted and exercised by European and national policymakers. It explores the ‘top-down’ approach to discretion, analysing how political power is distributed through the layers of policymaking before it gets implemented on the street-level in the intra-Schengen borderlands. This chapter contextualises discretion within broader political regimes, considering the interplay between European and national interests and the complex negotiations that shape the Schengen Borders Code as the main regulatory framework governing internal and external border control. Through the lens of policy regime theory, this chapter reveals how the ideas, institutional arrangements, and interests of various actors influence the management of mobility and security within the Schengen Area. It also addresses the tension between freedom of movement and security, examining how discretion plays a role in balancing these often-conflicting aims. Finally, this chapter sets the stage for further exploration of discretion as both a political and administrative tool, highlighting its significance in the governance of European border control.
