Schengen

type: Article , Topic: Security

The EU’s successful model for creating a common area of freedom, security and justice

The aim of ending checks of persons at the internal borders goes back to a Franco-German initiative. Originally, the legal basis for traveling without border controls was the Schengen Agreement of 14 June 1985 and the Schengen Convention Implementing the Schengen Agreement of 19 June 1990.

Treaty of Amsterdam, 1999

When the Treaty of Amsterdam took effect on 1 May 1999, its Schengen Protocol incorporated what is known as the Schengen Acquis, that is, all the regulations in this area, into the institutional and legal framework of the European Union, making the Schengen Acquis directly applicable law for all EU Member States.

Lisbon Treaty, 2009

Today, this area is governed by the Lisbon Treaty, which entered into force on 1 December 2009, and relevant associated legislation. The Lisbon Treaty further strengthens European cooperation in the field of police and justice policy, which used to be strongly influenced by the idea of nation-states, and makes it more effective.

Schengen Standard

To make sure that the end of internal border checks does not lower the level of security, the Schengen countries agreed on measures which make up what is known as the Schengen Standard. These include for example:

  • harmonizing and increasing checks at the external borders, meaning that the participating countries conduct checks at the borders with non-Schengen countries in line with high Schengen standards;
  • cross-border police cooperation. For example, police may conduct surveillance of or pursue suspects across the internal borders;
  • an automated system to search for missing and wanted persons and stolen property, known as the Schengen Information System;
  • common visa and asylum policies, such as introducing the Schengen visa.

Schengen countries

The Agreement was named after the Luxembourg town of Schengen where the Implementing Convention was signed on 19 June 1990 by the Benelux countries, Germany and France. It took effect on 26 March 1995. Other members joined later: Italy (1990), Portugal and Spain (1991), Greece (1992), Austria (1995) and Denmark, Finland and Sweden (1996). Checks at the internal land and sea borders of Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia and the Czech Republic ended in December 2007, while checks at the internal air borders ended in March 2008.

The UK and Ireland participate in the Schengen Acquis to a limited extent. For example, both countries still conduct checks of persons entering and leaving their national territory. Both countries participate in police and judicial cooperation.

Although they do not belong to the EU, Norway and Iceland adopted all the Schengen regulations in 1996. Switzerland and Liechtenstein did the same more recently and have a similar status as Schengen associated countries, as they are not EU members either.

Despite their full membership in the European Union, Bulgaria, Croatia, Cyprus and Romania only partly apply the Schengen Acquis. The remaining Schengen countries monitor the full introduction and implementation of the Acquis. Checks of persons at the future internal borders will be removed (for example along the Hungarian/Polish border or the Greek/Bulgarian border) only after the Council of EU Justice and Home Affairs ministers decides unanimously.