Schengen Agreement

Introduction

The Schengen Agreement is a treaty that led to the creation of Europe's Schengen Area, in which internal border checks have largely been abolished. It was signed on June 14, 1985, near the village of Schengen in Luxembourg, by five of the ten member states of the then European Economic Community (EEC). The agreement and its subsequent implementation have had profound implications for the movement of people and goods within Europe, influencing policies on immigration, security, and cooperation among member states.

Historical Background

The Schengen Agreement emerged from the desire to facilitate free movement within Europe. The concept of a borderless Europe dates back to the post-World War II era, with the establishment of the EEC in 1957 through the Treaty of Rome. The EEC aimed to create a common market and progressively approximate the economic policies of member states. However, the idea of removing internal borders was not initially part of the EEC's agenda.

The first concrete steps towards the Schengen Agreement were taken in the 1980s, driven by the Benelux countries (Belgium, Netherlands, and Luxembourg), which had already abolished internal borders among themselves. France and Germany joined the initiative, leading to the signing of the Schengen Agreement in 1985. The agreement was initially outside the EEC framework, reflecting the reluctance of some member states to fully commit to the abolition of internal borders.

The Schengen Convention

The Schengen Agreement was supplemented by the Schengen Convention, signed on June 19, 1990, which laid down the detailed rules for implementing the agreement. The Schengen Convention came into force on March 26, 1995, and it established the Schengen Area, where internal border checks were abolished, and a common visa policy was introduced.

The Schengen Convention includes provisions on:

Abolition of internal border controls.
Common rules on visas, asylum, and external border controls.
Police and judicial cooperation in criminal matters.
Establishment of the Schengen Information System (SIS), a database used by border guards and police to share information on individuals and goods.

Expansion of the Schengen Area

The Schengen Area has expanded significantly since its inception. Initially, it included only five countries, but it has grown to encompass most EU member states and several non-EU countries. As of 2023, the Schengen Area includes 26 countries:

Austria
Belgium
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Italy
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Netherlands
Norway
Poland
Portugal
Slovakia
Slovenia
Spain
Sweden
Switzerland

Notably, some EU countries, such as Ireland and Cyprus, are not part of the Schengen Area, while non-EU countries like Norway, Iceland, Switzerland, and Liechtenstein are included.

Legal and Institutional Framework

The Schengen Agreement and the Schengen Convention were initially intergovernmental agreements outside the EEC framework. However, with the signing of the Amsterdam Treaty in 1997, the Schengen acquis (the body of laws and regulations governing the Schengen Area) was incorporated into the EU legal framework. This integration meant that the Schengen rules became part of EU law, subject to the jurisdiction of the European Court of Justice.

The governance of the Schengen Area involves several EU institutions:

**European Commission**: Proposes legislation and ensures the implementation of the Schengen rules.
**European Parliament**: Participates in the legislative process and oversees the implementation of Schengen rules.
**Council of the European Union**: Adopts legislation and coordinates policies among member states.
**European Court of Justice**: Ensures the uniform interpretation and application of Schengen rules.

Schengen Information System (SIS)

The Schengen Information System (SIS) is a critical component of the Schengen framework. It is a large-scale database that allows Schengen member states to share information on individuals and objects. SIS supports the implementation of various aspects of the Schengen acquis, including border control, law enforcement, and judicial cooperation.

SIS contains information on:

Persons wanted for arrest or extradition.
Missing persons, particularly minors.
Individuals who are to be refused entry into the Schengen Area.
Objects such as stolen vehicles, firearms, and identity documents.

SIS is accessible to border guards, police, customs officers, and judicial authorities across the Schengen Area, facilitating cooperation and enhancing security.

Visa Policy

The Schengen Agreement established a common visa policy for short stays (up to 90 days) within the Schengen Area. The Schengen visa allows holders to travel freely within the Schengen Area for tourism, business, or family visits. The common visa policy includes:

**Uniform Schengen Visa (USV)**: Allows for stays of up to 90 days within a 180-day period.
**Limited Territorial Validity Visa (LTV)**: Issued in exceptional cases, allowing travel only in specific Schengen countries.
**Airport Transit Visa (ATV)**: Required for nationals of certain countries to transit through the international transit areas of Schengen airports.

The common visa policy is governed by the Visa Code, which sets out the procedures and conditions for issuing visas. The Visa Information System (VIS) supports the implementation of the common visa policy by storing and exchanging visa data among Schengen member states.

External Border Control

While internal borders within the Schengen Area have been abolished, the external borders are subject to stringent controls. The Schengen Borders Code sets out the rules for external border control, ensuring a high level of security while facilitating legitimate travel.

Key aspects of external border control include:

**Border Checks**: Carried out at border crossing points to verify the identity and travel documents of individuals entering or leaving the Schengen Area.
**Border Surveillance**: Monitoring of external borders between border crossing points to prevent unauthorized entry.
**Entry/Exit System (EES)**: A system for recording the entry and exit of third-country nationals, enhancing border management and security.

Frontex, the European Border and Coast Guard Agency, plays a crucial role in coordinating and supporting external border control efforts among Schengen member states.

Police and Judicial Cooperation

The Schengen Agreement includes provisions for enhanced police and judicial cooperation among member states. This cooperation is essential for maintaining security and combating cross-border crime in a borderless Europe.

Key elements of police and judicial cooperation include:

**Cross-Border Surveillance and Hot Pursuit**: Police officers from one Schengen country can conduct surveillance and pursue suspects into another Schengen country under certain conditions.
**Mutual Assistance in Criminal Matters**: Schengen countries cooperate in investigating and prosecuting criminal offenses, including the exchange of information and evidence.
**European Arrest Warrant (EAW)**: A simplified extradition procedure that allows for the swift transfer of suspects and convicted individuals between Schengen countries.

Impact on Member States

The Schengen Agreement has had significant economic, social, and political impacts on member states. The abolition of internal borders has facilitated trade, tourism, and the movement of labor, contributing to economic growth and integration. However, it has also posed challenges, particularly in terms of security and immigration.

Economic Impact:

**Trade**: The removal of border checks has reduced transportation costs and delays, boosting trade within the Schengen Area.
**Tourism**: The Schengen visa has made it easier for tourists to visit multiple countries, enhancing the attractiveness of Europe as a travel destination.
**Labor Mobility**: The free movement of people has allowed workers to seek employment opportunities across the Schengen Area, addressing labor shortages and promoting economic integration.

Social Impact:

**Cultural Exchange**: The ease of travel has facilitated cultural exchange and understanding among Europeans.
**Family Reunification**: The Schengen visa has enabled families to visit and reunite more easily.

Political Impact:

**Cooperation**: The Schengen Agreement has fostered closer cooperation among member states in areas such as security, immigration, and justice.
**Sovereignty**: The abolition of internal borders has required member states to cede some control over their borders, raising concerns about sovereignty and national security.

Challenges and Criticisms

The Schengen Agreement has faced several challenges and criticisms over the years. Key issues include:

**Security Concerns**: The abolition of internal borders has raised concerns about the potential for cross-border crime and terrorism. The Paris attacks in 2015 and other incidents have highlighted the need for effective security measures.
**Immigration and Asylum**: The Schengen Area has faced significant pressure from irregular migration and asylum seekers, particularly during the European migrant crisis of 2015-2016. The Dublin Regulation, which determines the member state responsible for examining asylum applications, has been criticized for placing a disproportionate burden on border countries.
**Temporary Reintroduction of Border Controls**: In response to security threats and migration pressures, some Schengen countries have temporarily reintroduced internal border controls. These measures are allowed under the Schengen Borders Code but have raised concerns about the integrity of the Schengen Area.

Future of the Schengen Agreement

The future of the Schengen Agreement will depend on the ability of member states to address the challenges and criticisms it faces. Key areas of focus include:

**Strengthening External Borders**: Enhancing the security and management of external borders through measures such as the Entry/Exit System (EES) and the European Travel Information and Authorization System (ETIAS).
**Improving Security Cooperation**: Enhancing information sharing and cooperation among law enforcement agencies to address security threats.
**Reforming Asylum and Migration Policies**: Developing a more equitable and effective system for managing asylum and migration, including reforming the Dublin Regulation.
**Maintaining the Balance Between Security and Freedom**: Ensuring that security measures do not undermine the fundamental principles of free movement and cooperation that underpin the Schengen Agreement.

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