| Author (Person) | Pritzkow, Thomas | ||||||||||||||||||||||||
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| Publisher | ProQuest Information and Learning | ||||||||||||||||||||||||
| Series Title | In Focus | ||||||||||||||||||||||||
| Publication Date | February 2005 | ||||||||||||||||||||||||
| Content Type | News, Overview, Topic Guide | In Focus | ||||||||||||||||||||||||
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When in the mid-1980s the completion of the European Single Market was high on the agenda of the European Community the question arose how the aim to establish the four freedoms of movement - of persons, goods, capital and services - could be realised. The free movement of persons proved to be a particularly difficult point: interpretations varied among Member States whether this should apply to workers only, that means EU citizens who were seeking employment in other Member States, or to everyone in general - including third country nationals. Only the latter option meant that internal border checks could be completely abolished in the Single Market. Given the very limited scope of political cooperation on issues relating to Justice and Home Affairs at that time, five Member States decided to engage in closer cooperation in order to work towards the gradual removal of controls at their internal borders. On 14 June 1985, France, Germany, Belgium, Luxembourg and the Netherlands signed an agreement in the Luxembourg village of Schengen on the Moselle. The common space they intended to create was to be known as the Schengen Area. In June 1990 the participating states signed the Schengen Convention which laid down the implementation of the Schengen Agreement. In practice, the Convention entered into force in 1995 when a number of legal and technical problems had been solved. The abolition of internal border controls had to be compensated by a range of measures concerning the area's external borders. The so called 'Schengen acquis' lays down the modes of intensified cooperation between national police, customs and judicial authorities. In addition to the fight against terrorism and organised crime this includes issues related to immigration and asylum (e.g. the 1997 Dublin Convention on the determination of the Member State responsible for the examination of an asylum application). More states joined the initial Schengen group: Italy (1990), Spain and Portugal (1991), Greece (1992), Austria (1995), Denmark, Finland and Sweden (1996). With the accession of the three Nordic countries, Iceland and Norway became closely associated, so that from 2001 all five countries of the Nordic Passport Union - which had existed since 1954 - implemented the Schengen acquis. Ireland and the United Kingdom are not Members of the Schengen area but were given the possibility to join later or participate in parts of the arrangements if they wish so and the other Members unanimously agree. Denmark, although a signatory state may choose not to implement any new decision due to its opt-out, negotiated in the wake of the failed Maastricht referendum. Iceland and Norway remain closely associated with Schengen developments. Switzerland is currently in the process of ratifying the Second Bilateral agreements with the EU, which include the Schengen and Dublin Conventions. A referendum in may be held from June 2005 on the eventual accession of the country to the Schengen Area. Aiming at the creation of an EU-wide 'Area of Freedom, Security and Justice' (AFSJ) the Treaty of Amsterdam (1999) incorporated the Schengen acquis into the European Union's legal framework. To this purpose a Protocol was added to the Treaty - also taking into account the special positions of Ireland, the United Kingdom and Denmark - and the Council took over the responsibilities of the Schengen Executive Committee. This means that the term Schengen is not used in the Treaty itself, it is, however still in frequent use relating to technical aspects of the Schengen acquis (eg. Schengen Information System, Schengen area). The incorporation of Schengen into the European Union means that new Member States have to adopt all the Schengen provisions. It does not mean, however, that they will immediately become part of the Schengen area upon accession. In the case of the ten new Member States which joined the EU in 2004 it might take some time until they are able to take on board all the obligations that come with it. A pivotal feature of the Schengen cooperation is the Schengen Information System (SIS) which since 1995 allows police and other national authorities to access data on specific people and items (such as stolen goods and vehicles). The data, which is stored in national networks (N-SIS) is distributed by a central system (C-SIS), located in Strasbourg. National authorities all over the Schengen area can retrieve information within minutes via portable devices. Although not members of Schengen, Ireland and the United Kingdom have used their 'opt-in' to participate in some aspects of the Schengen Information System. The Joint Supervisory Authority Schengen (JSA), a Brussels-based independent body made up of representatives of the national data protection authorities, has the task of monitoring the security and the lawfulness of the personal data entered in the system in the light of the Schengen Convention. The Schengen Information System has been developed to function for 18 Member States (the 15 Schengen countries plus Ireland and the UK and one in spare) and will have to be replaced by a new system, SIS II, to accommodate a much higher number of Member States. This system is planned to be operational by the end of 2006. The Constitutional Treaty for Europe, as signed in October 2004, takes over the Protocol concerning the integration of Schengen into the EU framework from the present Treaties. This In Focus provides links to key documentation associated with Schengen cooperation. The link at the bottom of the In Focus will find further and subsequent information on Schengen in European Sources Online. EU: Legislation and Policy MakingEU: BackgroundNational/regional/local official organisationStakeholder organisation
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Related Topic Guides / In Focus
Related PublicationsBooksFaria, Cláudia (ed.): Enlarging the area of freedom, security and justice, European Institute of Public Administration, 2004 Journal ArticlesGrabbe, Heather: The sharp edges of Europe: extending Schengen eastwards, International Affairs 76, 3 (2000) 519-526 Click here to find further information on the subject of this week's In Focus. |
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| Subject Categories | Internal Markets, Justice and Home Affairs | ||||||||||||||||||||||||
| Countries / Regions | Europe, Iceland, Norway, Switzerland | ||||||||||||||||||||||||
