Sanctioning Free Movement Within the European Union - A Case Study on Covid-19 Restrictions and Penalties for Crossing the (for 70 Years Non-Existent) Finnish-Swedish Border

This paper will discuss restrictions to free movement during Covid-19 pandemic in the Northern land border between Finland and Sweden. It provides a fascinating case study for several reasons. First of all, the border has been open almost throughout history. There were border controls only between 1889 and 1917 when Finland was part of Russia and for a brief period after the second world war before the Nordic Passport Union was set up in 1952. Secondly, people have literally lived their everyday lives on both sides of the border. This is especially true for the sister cities of Tornio and Haparanda on different sides of the border, which are so integrated they even have a common travel centre, including a joint bus station. Thirdly, the border is also habitually crossed by Sámi reindeer herders, entangling the EU politics with minority policy related to the only indigenous people in the European Union. And finally, the border decisions have been very exceptional even in the Covid-19 context: while Sweden decided to impose no entry restrictions, Finland has the most restricted entry policy in the EU. As the only EU country, Finland has violated the 6-month deadline for internal border control stipulated Schengen Borders Code since September 2020 and maintains border control and entry restrictions at least until January 2021. Even though concessions have been made later for members of the “local communities” and Sámi people to cross the border without necessary grounds and from places not designated as official border-crossing points, serious harm for people’s cross-border lives has already taken place. The paper will trace the timeline of restrictions and gradual concessions from official documents, including government decisions and statements from the Parliamentary Ombudsman of Finland and the Chancellor of Justice. The implications of the restrictions for local and national politics in Finland and Sweden, Nordic cooperation and EU policy will be assessed. The paper will come up with an analysis of the situation at the border from the perspective of whether the restrictions and sanctions for border-crossing EU internal borders can be justified from the perspective of EU law, criminal justice and fundamental rights, including Sámi rights.