The Schengen Area: From Crises to Further Integration

1. The Schengen Area: From Crises to Further Integration Sarah Léonard

2. Background & Research question • Crises in the Schengen Area in 2011 • Hypothesis: the crises have led to power shifts in favour of the Member States in this policy area • e.g. exceptions to common rules, more discretion for Member States • But the history of European integration may suggest the opposite hypothesis • Questions: • Have the crises led to the opening of policy debates? • Have (some) Member States made requests • for specific measures? • for a stock-taking exercise? • for unspecified change? • Have these requests been successful?

3. Plan • Background: the Schengen Area • Crises in the Schengen Area • Analysis: • Requests from the Member States • Proposals by the European Commission • State of play • Necessity to consider longer-term trends and the broader context • Conclusions

4. BACKGROUND: THE SCHENGEN AREA (I)

5. BACKGROUND: THE SCHENGEN AREA (II) Article 2 of the Schengen Convention (now in Schengen Borders Code): 1. Internal borders may be crossed at any point without any checks on persons being carried out. 2. However, where public policy or national security so require a Contracting Party may, after consulting the other Contracting Parties, decide that for a limited period national border checks appropriate to the situation shall be carried out at internal borders. If public policy or national security require immediate action, the Contracting Party concerned shall take the necessary measures and at the earliest opportunity shall inform the other Contracting Parties thereof. Article 78 of the Treaty on the Functioning of the European Union: 3. In the event of one or more Member States being confronted by an emergency situation characterised by a sudden inflow of nationals of third countries, the Council, on a proposal from the Commission, may adopt provisional measures for the benefit of the Member State(s) concerned. It shall act after consulting the European Parliament.

6. Crises in the Schengen Area • Franco-Italian crisis in April 2011: • Political unrest in Tunisia  arrival of irregular migrants in Lampedusa (about 45,000) • “Human tsunami” (Roberto Maroni) and call for solidarity • Migrants are granted temporary residency documents • April 2011: Temporary re-introduction of border controls by the French government at the French-Italian border • Bilateral summit between Sarkozy and Berlusconi • March 2012: Sarkozy’s speech: • Suspension or exclusion from Schengen area for states not fulfilling their duties • Suspension of French participation if no serious progress in the reform negotiations in the next twelve months • Re-introduction of customs controls by the Danish authorities at the Swedish and German borders

7. Requests from the EU Member States • Improvement of the enforcement of common rules, in particular through the Schengen evaluation system • Effective and reliable monitoring and evaluation system • Introduction of a mechanism to respond to “exceptional circumstances putting the overall functioning of Schengen cooperation at risk” • Assistance to Member States facing “heavy pressure” at the external borders (e.g. inspection visits, technical and financial support, Frontex assistance, coordination and intervention) • Safeguard clause (“as a very last resort”): exceptional reintroduction of internal border controls “in a truly critical situation” – on the basis of specified objective criteria and a common assessment, for a strictly limited scope and period of time

8. Proposals by the European Commission • Communication on migration (May 2011) • Schengen legislative package of September 2011: • Communication on Schengen governance (September 2011) • Proposal for a Regulation – common rules on the temporary reintroduction of border controls at internal borders in exceptional circumstances • Amended proposal for a Regulation – establishment of an evaluation mechanism to verify the application of the Schengen acquis

9. Rules on the temporary re-introduction of border controls I • General rules: • Reintroduction of internal border controls based on a decision proposed and adopted by the European Commission • Length: renewable periods of 30 days with a maximum of six months • This period can be extended in the case of adverse findings under the Schengen evaluation mechanism

10. Rules on the temporary re-introduction of border controls II • Exception: • For unforeseeable events: Member States may unilaterally reintroduce border control at internal borders if immediate action is needed. • Reintroduction limited to five days • Possible prolongation only on the basis of a decision by the Commission

11. SCHENGEN EVALUATION 2009 Proposals Proposal of the Commission in November 2010: Aim: to strengthen the Schengen evaluation mechanism Follow-up: action plan to remedy weaknesses and report on the implementation of the plan Peer pressure by Council and European Parliament Amended proposal in September 2011: Safeguard clause: « truly critical situations » Additional support & Union-based mechanism for the re-introduction of border control at internal borders

12. NEGOTIATIONS Position of the European Parliament: No new exemptions from the current rules (serious threat to public policy or internal security) Need to implement a common European asylum and migration system Regular reports from the Commission to the European Parliament and to the Council: Weakenesses/threats Basis for political and strategic discussions in the Mixed Committee once during each Presidency

13. Longer-term trends & Broader context • Discussions on Schengen evaluation • Enlargement of the Schengen Area to Romania and Bulgaria • Situation in Greece • Border controls • Asylum • Economic crisis

14. CONCLUSIONS Negotiations are still on-going Possible move towards greater European integration and greater role for the European Commission in this policy area? Evolution of the situation in Greece Impact on Bulgaria and Romania