ABSTRACT
This chapter explores the concept of ‘in-between’ discretion in the context of intra-Schengen migration control. Building on the discussion of discretion at higher policy levels in the previous chapter, this chapter shifts focus to actors who influence the translation of top-down policies into street-level practices. It introduces two key loci of in-between discretion: organisational discretion within enforcement agencies and judicial discretion in national and European courts. This chapter uses the case of the Royal Netherlands Marechaussee (RNM) to illustrate how managerial and organisational decisions impact the enforcement of the Schengen Borders Code (SBC) in the Netherlands. It discusses the RNM's transition from border guards to migration control officers, highlighting how internal organisational dynamics, such as rebranding and technology implementation, shape discretion in the field. Furthermore, this chapter examines several landmark judicial rulings that challenge the discretionary use of powers in intra-Schengen policing, particularly around issues of ethnic profiling. By analysing how organisational and judicial actors influence discretionary practices, this chapter reveals the complex interplay of politics, law, and enforcement in the governance of intra-Schengen mobility control.
