Schengen Area Border Regulations Quiz

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Questions and Answers

What does Article 21 of the TFEU establish regarding individuals in member states?

It establishes a quota for border crossings.

It allows free movement between member states. (correct)

It restricts movement between member states.

It mandates health checks at internal borders.

Which regulation focuses on the creation of the Visa Information System?

Reg 2021/1134

Reg 2019/1896

Reg 2017/458

Reg 767/2008 (correct)

What is defined in Article 2 of the Schengen Border Code?

Rights of third-country nationals.

The procedures for visa applications.

The distinction between internal and external borders. (correct)

Conditions for entry into the Schengen area.

Which Treaty integrated the Schengen acquis into EU law?

Amsterdam Treaty Signup and view all the answers

What does Article 22 of the Schengen Border Code state about internal borders?

There is no restriction on internal borders. Signup and view all the answers

Which regulation established the Entry/Exit system for the Schengen area?

Reg 2017/2226 Signup and view all the answers

What does the term 'Schengen Acquis' refer to?

The combined regulations and agreements of Schengen. Signup and view all the answers

What is the purpose of Article 29 of the Schengen Border Code?

To specify cases where overall functioning of Schengen is at risk. Signup and view all the answers

Which criterion ranks highest in determining the responsible member state for an individual's entry into the Schengen area?

Most involvement in the entry Signup and view all the answers

What does A77 stipulate regarding travel for third-country nationals (TCNs)?

EP and Council must create regulations for conditions of travel Signup and view all the answers

Under which article is the mechanism of relocation based on solidarity addressed?

A7 Signup and view all the answers

What is the significance of Council Decisions 2015 regarding member states?

They provide provisional measures for sharing applications in Italy and Greece. Signup and view all the answers

Which directive addresses highly qualified employment for TCNs?

Directive 2021/1883 Signup and view all the answers

What is the primary purpose of the Schengen Information System?

Criminal management and irregular migration Signup and view all the answers

Which regulation extended the Visa Information System to long stay visas and residence permits?

Reg 2021/1134 Signup and view all the answers

What significant change does Reg 2024/1358 bring to Eurodac?

It repeals the old regulation and adds new data categories Signup and view all the answers

What is the main function of the Entry/Exit System as per Reg 2017/2226?

To manage entry and exit dates of TCNs Signup and view all the answers

What does Reg 2018/1240 establish?

An authorization system for visa-exempt visitors Signup and view all the answers

Which principle allows Member States to carry out checks within their own territory?

A23 - Internal Checks Signup and view all the answers

What was a significant reason for the temporary reintroduction of border controls in 2013?

Mass migration flows following the Arab Spring Signup and view all the answers

What is the maximum duration for which internal border controls can be reintroduced in foreseeable cases like the Olympics?

Up to 30 days Signup and view all the answers

What is the maximum duration for which a total period can be extended?

6 months Signup and view all the answers

What is required to notify the Commission and Member States before extending a total period?

4 weeks notice Signup and view all the answers

What is A28 primarily concerned with?

Immediate emergency actions Signup and view all the answers

Under what condition can internal controls be recommended according to A29?

Exceptional circumstances threatening Schengen functioning Signup and view all the answers

What event led to the reintroduction of internal controls in France for COP21?

Bataclan attacks Signup and view all the answers

What did the ECJ state in April 2022 regarding the extension of A25 use?

It cannot be extended if no new threat arises after 6 months Signup and view all the answers

Which legal document states that every national of a Member State is a citizen?

TEU Signup and view all the answers

What triggered the 2020 reintroduction of internal controls in a disordered way?

COVID-19 pandemic Signup and view all the answers

Who qualifies as a TCN under the asylum policy?

Any TCN requiring international protection Signup and view all the answers

What does Article 33 of the Geneva Convention establish in the context of international protection?

Non-refoulement principle Signup and view all the answers

Which directive explains the minimum standards for temporary protection during mass influx?

Directive 2001/55 Signup and view all the answers

Under the new pact, how long are travel documents for asylum beneficiaries valid?

For longer durations than previously allowed Signup and view all the answers

Which article discusses the right for family members of asylum beneficiaries to claim benefits?

A2 Signup and view all the answers

What is the minimum duration of residence permits granted to refugees under the Qualification Directive?

Three years Signup and view all the answers

What limitation was introduced for asylum applicants regarding their travel documents as per the new pact?

More limited provision only in serious circumstances. Signup and view all the answers

What defines a stateless person under the discussed policies?

Any TCN meeting the 1951 Geneva Convention's refugee criteria Signup and view all the answers

What was established by the ECJ in March 2005 regarding student loans?

Only students with a degree of integration can receive assistance. Signup and view all the answers

Which of the following statements is true regarding social assistance eligibility?

Social assistance is available to workers and their families only. Signup and view all the answers

What concern did the ECJ express in the November 2014 Dano case?

Allowing non-residents to claim benefits may create an unreasonable burden. Signup and view all the answers

What change did Brexit bring regarding the rights of British nationals?

British nationals lost EU citizenship unless they had dual citizenship. Signup and view all the answers

What does Article A159 of the Withdrawal Agreement provide for?

Independent monitoring authority to oversee compliance. Signup and view all the answers

What is the purpose of the specialized Committee on citizens’ rights created under the Withdrawal Agreement?

To handle complaints related to citizens' rights. Signup and view all the answers

What must be checked according to the ECJ ruling in July 2021 when refusing access to the social system?

No violation of fundamental rights. Signup and view all the answers

Study Notes

Part 1: The Right to Cross Borders of the Schengen Area

Every person within a Schengen Member State can move freely between states.
Schengen Border Code (Regulation 2016/399) details the rules.
The Schengen Agreement (1985) and Convention (1990) created the Schengen Area.
Maastricht Treaty and Amsterdam Treaty integrated Schengen into EU law.
Article 2 defines internal and external borders.
Article 5 restricts external borders.
Article 6 sets valid entry conditions.
Article 8 governs external border controls for people with the right to move.
Article 21a of the Treaty on the Functioning of the European Union (TFEU) allows restrictions on external borders during emergencies.
Article 22 prohibits restrictions on internal borders.
Article 23 allows Member States to conduct checks within their territory.
Article 24 states there should be no checks at internal borders.
Article 25 outlines foreseeable cases for internal border controls.
Article 28 addresses internal border controls for public health reasons.
Article 29 allows controls in exceptional circumstances putting the Schengen Area at risk.
Regulation 2017/458 created new databases for checks.
Regulation 2021/1134 reformed the Visa Information System.
Regulation 767/2008 established the Visa Information System.
Regulation 603/2013 created Eurodac (which was repealed by Regulation 2024/1358).
Regulation 2017/2226 established the Entry/Exit System.
Regulation 2019/1896 created Frontex.
Regulation 2018/1240 established the European Travel Information and Authorization System (ETIAS).
Regulation 2024/1717 amended the Schengen Border Code (SBC).
Differentiation: The free movement scope varies between states.

Part 2: The Right to Move and Reside Freely in the EU

Article 20 of the Treaty on the Functioning of the European Union (TFEU) grants EU citizens the right to move and reside freely.
Article 21 gives the Council the power to issue social security and protection acts related to social security.
Article 77,78, and 79 of the TFEU deal with the rights of third-country nationals to move and reside freely.
Directive 2004/38 covers the right of citizens to move and reside freely.
Article 2 addresses family members.
Chapter 2 and 3 deal with exit, entry, and residence rights.
Articles 4, 5, 8, 12, 13, 16, and 24 are specific to the rights themselves.
Articles 27–29 are the right's limitations.

Part 3: Schengen Acquis and External Borders

The Schengen Acquis includes Schengen Agreement, Convention, and executive committee decisions.
Associated states are part of the Schengen Area but not the EU.
Instrumentalization of migrants occurs when third parties use them to leverage the Schengen Area.
Schengen cooperation/Agreement/Area/Acquis includes agreements outside the EC framework (1985–1997).
The Maastricht Treaty created 3 pillars of competence for the EU: integration method, competence devolved to the EU, and Justice and Home Affairs.
The Amsterdam Treaty addressed the conflict between the Schengen Area and EU third pillar competences.
Schengen Borders Code 2006 (A62 TEC/A77 TFEU) aims for a coherent text about Schengen.
The Schengen Area currently encompasses 29 states, with 25 also being EU members.
Some third-country states are considered part of Schengen due to location, eg Vatican City, Monaco, San Marino, etc.
Ireland and Cyprus are not part of the Schengen Area.

Part 4: Border Checks & Internal Controls

Article 5 of the Schengen Border Code (SBC) allows crossing external borders at fixed times.
Article 5(4) (added in 2024) allows temporary border closures for instrumentalization of migrants.
Article 21a allows for large-scale public emergency restrictions on border controls (eg, testing, quarantine).
Controls must be proportionate and non-discriminatory per Directive 2004/38/EC.
Before 2017, internal checks targeted travel documents (minimum checks).
After 2017, internal checks involve verification of identity, nationality, and databases.
Third-country nationals are subjected to thorough checks.
Schengen Information System databases are expanded for TCNs.

Part 5: Visa Information System and Eurodac Regulation

Schengen visa data is shared across consulates and border points.
Visa processing and decisions are recorded in the system.
Eurodac (Regulation 603/2013) is used mostly for asylum purposes.
Visa Information System (VIS) and Eurodac records were expanded to cover new cases (2024).
Smart Border programs introduced new systems (e.g., Entry/Exit System).
Regulations 2017/2226, 2018/1240, and 2019/1896 established new systems.
Regulations deal with Visa Information Systems, Entry/Exit Systems, and Frontex.

Part 6: Exceptions and Temporary Controls

Chapter 2 of the SBC allows temporary restrictions on internal borders for the public good (eg, security, health issues).
A25 deals with foreseeable cases; A28 deals with internal controls concerning public health.
A29 outlines cases allowing controls due to exceptional circumstances jeopardizing the Schengen Area's functioning.
Regulation 2024/1717 amends the cases for introducing internal controls.

Part 7: Rights of EU citizens and TCNs

EU citizens have the right to move and reside freely within the EU.
Directive 2004/38 clarifies the rights of EU citizens regarding movement and residence within the EU.
Rights apply to third-country nationals dependent on EU citizens.
Rules regulate entry, exit, and residence procedures.

Part 8: EU Charter of Fundamental Rights and Withdrawal Agreement

The EU Charter of Fundamental Rights enshrines the right of EU citizens to move and reside freely.
The Agreement on the Withdrawal of the United Kingdom covers citizens' rights and the creation of monitoring bodies to safeguard rights.
Key aspects of the withdrawal agreement also involve the role of the Court of Justice of the European Union (CJEU).

Part 9: Asylum Policy and Visa Policy

Asylum policy's Qualification Directive covers refugees and subsidiary protection for specific periods.
Visa policy's conditions and freedom-of-movement regulations apply to third-country nationals (TCNs).
These policies concerning immigration are related to Schengen and external borders.

Losing nationality, though individual cases exist, is less a central policy issue within the text.
Social assistance, though sometimes relevant under cases, requires an in-depth study under separate headings.

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Description

Test your knowledge on the Schengen Area's border regulations and agreements. This quiz covers essential articles from the Schengen Border Code, the Schengen Agreement, and related EU treaties. Discover how these laws shape the movement of people within Europe.