Can the spirit of Schengen prevail?

Is Schengen in trouble?

European Commission President Jean-Claude Juncker has insisted that the treasured Schengen area can survive thanks to a revamped border control agency that could carry out systematic checks on everyone entering the EU through an external frontier, including EU nationals. He described it as “the costs of a riskier world and we cannot avoid them.”

Belgian MEP Guy Verhofstadt, the leader of the Alliance of Liberals and Democrats for Europe group in the Parliament, has warned that “without it, Schengen is finished.”

Refugees crossing into the EU increased dramatically, with irregular border crossings detected so far in 2015 at 1.55 million, considerably exceeding the total number of irregular border crossings during the 2009-2014 period (813,044).

They have mainly entered through the eastern Mediterranean (716,202 detections), the Western Balkans (667,147) and the central Mediterranean (144,300). Many of those arriving in the EU are fleeing conflicts in their region and therefore request international protection. 

The refugee crisis has not only resulted in massive arrivals at the external borders, but also in significant secondary movements inside the Schengen area, since the applicants for international protection were travelling further to the member states of their preference instead of having their applications examined by the member states responsible under the Dublin rules.

But to prevent this from happening, the member states of first entry into the EU should register the applicants and have reception conditions in line with EU law and fundamental rights: if they don’t, migrants will travel to other member states.

These shortcomings led to temporary reintroduction of controls at the German, Austrian, Slovenian, Hungarian, Swedish and Norwegian internal borders: a last-resort measure explicitly foreseen in the Schengen Borders Code (SBC) to be used in the event of a serious threat to public policy and internal security both in cases requiring immediate action and for foreseeable events. It is limited in time and must remain proportionate to the serious threat it seeks to address.

Strengthening the Common European Asylum System and revising Dublin

MEPs this week will debate a working document on the effective implementation of the Common European Asylum System drafted by MEPs Roberta Metsola (EPP-Malta) and Cecile Kashetu Kyenge (S&D-Italy).

The debate takes place in the shadow of numerous border closures all over the EU, prompted by the wave of migration from Syria, and ties in with the thorny issue of border control, ensuring human rights at the external frontiers for migrants and asylum seekers, and preserving Schengen.

European Commission President Jean-Claude Juncker told the Parliament Wednesday that the Schengen area will be protected, tying his new proposal for a European Border and Coast Guard to the survival of the passport-free zone. “We want to defend everything that Schengen represents,” Juncker said. “As we prepare for a new year, our determination is stronger than ever. Let me tell you, Schengen is here to stay.”

But apart from strengthening border controls, MEPs must also decide on a uniform package of asylum laws that can guarantee human rights for migrants and refugees seeking protection, and also to ensure a fair redistribution of the influx.

In their document, Metsola and Kyenge say that further steps are still necessary to ensure that the CEAS could become a truly uniform system.

“The rapporteurs believe that, in the future, criteria on which relocation is based should be built directly into the EU’s standard rules for allocating responsibility. In the future revision of the Dublin rules, it is important to reflect on the value of describing certain asylum-seekers as ‘applicants in clear need of international protection’, since those migrants and refugees who do not fall into that category will still have to be dealt with by the Member State of first arrival which is responsible under the current Dublin system.

“Those Member States of first arrival therefore have the more complicated asylum claims (and appeals), longer periods of reception, and the task of organizing and coordinating returns after applications are rejected.”

The two MEPs say that if the current Dublin system – which places undue burden on border states like Malta – is to be revised, one option would be for it to establish a central collection of applications at EU level – viewing each asylum-seeker as someone seeking asylum in the EU as a whole rather than in an individual member state, and establish a central system for the allocation of responsibility for any persons seeking asylum in the Union.

“Such a system could provide for a certain relative threshold per Member State, above which no further allocation of responsibility is made until the remaining Member States have met their own threshold. Such a central allocation mechanism could conceivably help in deterring secondary movements as all Member States would be fully involved in the centralized system and no longer have individual responsibility for the allocation of applicants to other Member States.

“The fundamental values related to family unity and the best interests of the child should be firmly incorporated in any new system. A future system could function on the basis of a number of Union ‘hot spots’ from where Union distribution should take place.”

The Schengen zone

The free movement of persons is a fundamental right guaranteed by the EU to its citizens. It entitles every EU citizen to travel, work and live in any EU country without special formalities.

In 1985 in Schengen (a small village in Luxembourg) member states signed for a gradual abolition of checks at common borders, followed by 1990 Convention implementing that Agreement.

The implementation of the Schengen Agreements started in 1995, initially involving seven EU States. Today, the Schengen Area encompasses most EU States, except for Bulgaria, Croatia, Cyprus, Ireland, Romania and the United Kingdom. However, Bulgaria and Romania are currently in the process of joining the Schengen Area. Of non-EU States, Iceland, Norway, Switzerland and Liechtenstein have joined the Schengen Area.

Any person, irrespective of nationality, may cross the internal borders without being subjected to border checks. However, police can carry out checks also at the internal borders and in border areas, provided that such checks are not equivalent to border checks. This is valid for cases when, in particular, the checks do not have border control as an objective and are based on general police information and experience.

If there is a serious threat to public policy or internal security, a Schengen country may exceptionally temporarily reintroduce border control at its internal borders for, in principle, a limited period of no more than thirty days. If such controls are reintroduced, the other Schengen countries, the European Parliament and the Commission should be informed, as should the public.

Conditions for joining the Schengen Area 

Joining the Schengen Area is not merely a political decision. Countries must also fulfil a list of pre-conditions, such as be prepared and have the capacity to take responsibility for controlling the external borders on behalf of the other Schengen States and for issuing uniform Schengen visas and share information on border passage.

Brussels’ proposal for EU border guard raises sovereignty concerns

The European Commission unveiled a controversial proposal Tuesday for a new EU border force with the power to intervene “in urgent situations” if it believes countries are failing to guard their external frontiers effectively.

The measure is already drawing criticism from some countries that see it as an encroachment on their sovereign powers. The Commission is proposing a European Border and Coast Guard to ensure a strong and shared management of the external borders, and the introduction of systematic checks against relevant databases for all people entering or exiting the Schengen area.

As European Commission First Vice-President Frans Timmermans said: “The crisis has exposed clear weaknesses and gaps in existing mechanisms aimed at making sure that EU standards are upheld. Therefore, it is now time to move to a truly integrated system of border management.”

Some countries are already voicing opposition to the idea of giving the Commission authority to intervene in emergency situations.

Polish Foreign Minister Witold Waszczykowski said Monday that the plan to upgrade Frontex to “a structure that is independent of member states is astounding. There would be an undemocratic structure reporting to nobody knows who.”

France and Germany have been largely supportive of the idea. Earlier this month, their interior ministers, Bernard Cazeneuve and Thomas de Maizière, sent a letter to the Commission saying that “in exceptional circumstances, Frontex should also take initiative to deploy under its own responsibility rapid intervention teams at its external borders.”

Italy is also backing the measure. Sandro Gozi, the country’s under-secretary for European Affairs, told reporters Tuesday that his country was in favour of the creation of an EU border force but wouldn’t comment further.

The European Border and Coast Guard will bring together a reinforced Agency, with the ability to draw on a reserve pool of people and equipment, and the Member States’ authorities, who will continue to exercise day-to-day border management. 

European Commissioner for Migration, Home Affairs and Citizenship, Dimitris Avramopoulos said that where Frontex used to be limited to supporting memberstsates in managing their external borders, the new Border Agency will go beyond this.

“What we are creating today is more Europe: to manage our external borders, to step up returns of irregular migrants, to allow our asylum system to function properly for those in need and to strengthen checks at the external borders of the European Union. The Border Package we are presenting today will increase security for our citizens and ensure high standards of border management.”

The European Border and Coast Guard will bring together a European Border and Coast Guard Agency built from Frontex and the Member States’ authorities responsible for border management, who will continue to exercise the day-to-day management of the external border.

The coast guard will have a rapid reserve pool of border guards and technical equipment. The Agency will be able to draw on at least 1,500 experts that can be deployed in under three days. For the first time the Agency will be able to acquire equipment itself and to draw on a pool of technical equipment provided by the Member States. There will no longer be shortages of staff or equipment for European border operations. The new Agency’s human resources will more than double that of Frontex, to reach 1,000 permanent staff, including field operatives, by 2020.

But it will also have the right to intervene: member states can request joint operations and rapid border interventions, and deployment of the European Border and Coast Guard Teams to support these. Where deficiencies persist or where a member state is under significant migratory pressure putting in peril the Schengen area and national action is not forthcoming or not enough, the Commission will be able to adopt an implementing decision determining that the situation at a particular section of the external borders requires urgent action at European level.

National coastguards will be part of the European Border and Coast Guard to the extent that they carry out border control tasks.

A European Return Office will be established within the Agency to allow for the deployment of European Return Intervention Teams composed of escorts, monitors and return specialists who will work to effectively return illegally staying third country nationals. A standard European travel document for return will ensure a wider acceptance of returnees by third countries.

Obligatory checks on EU citizens will be introduced against databases such as the Schengen Information System, the Interpol Stolen and Lost Travel Documents Database and relevant national systems, in order to verify that persons arriving do not represent a threat to public order and internal security.

The proposal also reinforces the need to verify the biometric identifiers in the passports of EU citizens in case of doubts on the authenticity of the passport or on the legitimacy of the holder. Checks will now also be mandatory when exiting the European Union.

Since controls on documents and persons can be carried out in parallel, authorities should be able to consult relevant databases without delaying border crossings. The rules provide for flexibility in cases where systematic checks could have a disproportionate impact on the flow of traffic at the border.

Sant: New Frontex agency that overrides national competences? ‘Unacceptable’

The European Commission unveiled a controversial proposal Tuesday for a new EU border force with the power to intervene “in urgent situations” if it believes countries are failing to guard their external frontiers effectively.

The measure is already drawing criticism from some countries that see it as an encroachment on their sovereign powers. The Commission is proposing a European Border and Coast Guard to ensure a strong and shared management of the external borders, and the introduction of systematic checks against relevant databases for all people entering or exiting the Schengen area.

As European Commission First Vice-President Frans Timmermans said: “The crisis has exposed clear weaknesses and gaps in existing mechanisms aimed at making sure that EU standards are upheld. Therefore, it is now time to move to a truly integrated system of border management.”

Some countries are already voicing opposition to the idea of giving the Commission authority to intervene in emergency situations.

Polish Foreign Minister Witold Waszczykowski said Monday that the plan to upgrade Frontex to “a structure that is independent of member states is astounding. There would be an undemocratic structure reporting to nobody knows who.”

France and Germany have been largely supportive of the idea. Earlier this month, their interior ministers, Bernard Cazeneuve and Thomas de Maizière, sent a letter to the Commission saying that “in exceptional circumstances, Frontex should also take initiative to deploy under its own responsibility rapid intervention teams at its external borders.”

Italy is also backing the measure. Sandro Gozi, the country’s under-secretary for European Affairs, told reporters Tuesday that his country was in favour of the creation of an EU border force but wouldn’t comment further.

The European Border and Coast Guard will bring together a reinforced Agency, with the ability to draw on a reserve pool of people and equipment, and the Member States’ authorities, who will continue to exercise day-to-day border management. 

European Commissioner for Migration, Home Affairs and Citizenship, Dimitris Avramopoulos said that where Frontex used to be limited to supporting memberstsates in managing their external borders, the new Border Agency will go beyond this.

“What we are creating today is more Europe: to manage our external borders, to step up returns of irregular migrants, to allow our asylum system to function properly for those in need and to strengthen checks at the external borders of the European Union. The Border Package we are presenting today will increase security for our citizens and ensure high standards of border management.”