Free movement of persons in the agreement between the EU and the United Kingdom in respect of Gibraltar. Special status of military personnel

Abstract

This article analyzes the legal framework governing the free movement of persons under the 2026 Agreement in respect of Gibraltar between the European Union and the United Kingdom. Following Brexit, the Agreement introduces an innovative border regime aimed at removing physical barriers at the land border (La Línea) and relocating the EU external border controls to Gibraltar’s port and airport. This mechanism effectively integrates the territory into the Schengen Area de facto, placing the responsibility for border inspections on Spanish authorities. However, the study critically examines the specific and controversial derogations granted to British military personnel, their families, and visiting third-country forces. The author argues that by exempting these groups from standard Schengen passport checks – relying instead on a broad and questionable application of NATO SOFA principles – the Agreement creates significant legal loopholes. These unjustified privileges compromise the absolute control and integrity of the EU’s external borders, inevitably requiring future regulatory amendments to close the existing security gaps.