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?

<p>Amsterdam Treaty (D)</p> Signup and view all the answers

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

<p>There is no restriction on internal borders. (B)</p> Signup and view all the answers

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

<p>Reg 2017/2226 (B)</p> Signup and view all the answers

What does the term 'Schengen Acquis' refer to?

<p>The combined regulations and agreements of Schengen. (D)</p> Signup and view all the answers

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

<p>To specify cases where overall functioning of Schengen is at risk. (B)</p> 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?

<p>Most involvement in the entry (D)</p> Signup and view all the answers

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

<p>EP and Council must create regulations for conditions of travel (C)</p> Signup and view all the answers

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

<p>A7 (B)</p> Signup and view all the answers

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

<p>They provide provisional measures for sharing applications in Italy and Greece. (A)</p> Signup and view all the answers

Which directive addresses highly qualified employment for TCNs?

<p>Directive 2021/1883 (B)</p> Signup and view all the answers

What is the primary purpose of the Schengen Information System?

<p>Criminal management and irregular migration (D)</p> Signup and view all the answers

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

<p>Reg 2021/1134 (B)</p> Signup and view all the answers

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

<p>It repeals the old regulation and adds new data categories (D)</p> Signup and view all the answers

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

<p>To manage entry and exit dates of TCNs (C)</p> Signup and view all the answers

What does Reg 2018/1240 establish?

<p>An authorization system for visa-exempt visitors (C)</p> Signup and view all the answers

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

<p>A23 - Internal Checks (D)</p> Signup and view all the answers

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

<p>Mass migration flows following the Arab Spring (D)</p> 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?

<p>Up to 30 days (D)</p> Signup and view all the answers

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

<p>6 months (B)</p> Signup and view all the answers

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

<p>4 weeks notice (A)</p> Signup and view all the answers

What is A28 primarily concerned with?

<p>Immediate emergency actions (A)</p> Signup and view all the answers

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

<p>Exceptional circumstances threatening Schengen functioning (B)</p> Signup and view all the answers

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

<p>Bataclan attacks (C)</p> Signup and view all the answers

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

<p>It cannot be extended if no new threat arises after 6 months (B)</p> Signup and view all the answers

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

<p>TEU (C)</p> Signup and view all the answers

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

<p>COVID-19 pandemic (C)</p> Signup and view all the answers

Who qualifies as a TCN under the asylum policy?

<p>Any TCN requiring international protection (A), TCN residing legally in a member state (C)</p> Signup and view all the answers

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

<p>Non-refoulement principle (D)</p> Signup and view all the answers

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

<p>Directive 2001/55 (A)</p> Signup and view all the answers

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

<p>For longer durations than previously allowed (C)</p> Signup and view all the answers

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

<p>A2 (C)</p> Signup and view all the answers

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

<p>Three years (A)</p> Signup and view all the answers

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

<p>More limited provision only in serious circumstances. (B)</p> Signup and view all the answers

What defines a stateless person under the discussed policies?

<p>Any TCN meeting the 1951 Geneva Convention's refugee criteria (A), A person without any nationality (C)</p> Signup and view all the answers

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

<p>Only students with a degree of integration can receive assistance. (B)</p> Signup and view all the answers

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

<p>Social assistance is available to workers and their families only. (C)</p> Signup and view all the answers

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

<p>Allowing non-residents to claim benefits may create an unreasonable burden. (D)</p> Signup and view all the answers

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

<p>British nationals lost EU citizenship unless they had dual citizenship. (A)</p> Signup and view all the answers

What does Article A159 of the Withdrawal Agreement provide for?

<p>Independent monitoring authority to oversee compliance. (D)</p> Signup and view all the answers

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

<p>To handle complaints related to citizens' rights. (C)</p> 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?

<p>No violation of fundamental rights. (C)</p> Signup and view all the answers

Flashcards

Free Movement of Persons within the EU

The right of every person within a Member State to move freely between states without border controls.

Schengen Acquis

The Schengen Agreement and the Schengen Convention, along with any acts adopted by the executive committee, form the legal foundation for the free movement of people within the Schengen area.

Schengen Border Code

A legal framework that sets out the rules for internal and external border controls within the Schengen area.

Absence of Controls at Internal Borders

Border controls between Schengen countries are essentially nonexistent, allowing people to move freely.

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Associated States in Schengen

States that participate in the Schengen area but are not members of the European Union.

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Differentiation in Schengen

The concept that the scope of free movement varies between different regions within the Schengen area. Some areas might have more restrictions than others.

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Temporary Reintroduction of Internal Border Controls

The introduction of temporary border controls at internal borders for specific reasons like preventing terrorism, ensuring public health, or managing large influxes of migrants.

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Maastricht Treaty

EU law that created the European Union. It incorporated the Schengen Acquis, making free movement of people a core principle of the EU.

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Responsible Member State

The Member State most involved in the entry of a person into the Schengen Area. They are primarily responsible for processing applications and managing the individual's stay.

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Criteria for Determining the Responsible MS

A set of criteria used to determine the responsible Member State. They are applied in a specific order, prioritizing family reunification and protection of unaccompanied minors.

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Relocation Mechanism

A mechanism to relocate asylum seekers across Member States when one country is overburdened, based on the principle of shared responsibility.

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EU Immigration Policy

The EU legal framework for regulating entry and residence of TCNs, covering long-term visas, residence permits, and the rights of those residing legally.

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Schengen Information System (SIS)

A system for exchanging information on people crossing external borders, initially focused on criminal management but expanded in 2018 to include irregular migration.

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Visa Information System (VIS)

A system storing data on Schengen visa applications across consulates and border points, processing information like fingerprints and visa decisions.

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Eurodac

A database comparing fingerprints of asylum seekers, primarily for asylum procedures but also used for criminal management.

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Entry/Exit System

A system used by Schengen states for registering the entry and exit times of third-country nationals (TCNs) for short stays.

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European Travel Information and Authorization System (ETIAS)

An online authorization system for visa-exempt travelers entering the Schengen area and Cyprus, requiring pre-arrival approval.

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Frontex

An EU agency responsible for securing the external borders of the Schengen Area, managing border controls and cooperating with national authorities.

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Freedom of Movement within Schengen (A22, A23, A24)

The principle of free movement within the Schengen Area, allowing individuals to cross internal borders without checks. This is part of the Schengen Borders Code (SBC).

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Pact on Migration

The Pact on Migration is a set of 9 separate acts, adopted in 2024, that aim to regulate the movement of third-country nationals (TCNs) within the EU.

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TCNs in a regular situation

TCNs or stateless persons who are in a regular situation in the EU, but are not family members, are eligible for certain rights under the Pact on Migration. These rights are not necessarily the same across all EU Directives.

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Asylum Policy Beneficiaries

A TCN seeking asylum in the EU is eligible for subsidiary protection, temporary protection, or refugee status under the Geneva Convention.

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Non-Refoulement

The Geneva Convention (1951) prohibits the deportation of refugees to countries where they face persecution (non-refoulement).

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Temporary Protection

The Directive 2001/55 sets out minimum standards for granting temporary protection to people fleeing mass displacement events.

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Rights of Asylum Beneficiaries

Those granted asylum in the EU have access to a range of rights, including a residence permit and the freedom to move within the EU.

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Long Term Residents Directive

The Long Term Residents Directive allows TCNs who have resided in an EU country for a prolonged period to apply for enhanced rights in other EU countries.

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Travel Documents for Asylum Applicants

Under the new Pact, the provision of travel documents is more strict for asylum applicants, only granted in serious humanitarian cases or imperative circumstances.

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Right to a student loan in the EU

The European Court of Justice (ECJ) has ruled that EU citizens have a right to a student loan in the country they are studying in.

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Maximum Duration of Internal Border Controls

The maximum extension period for internal border controls under the Schengen Border Code is 6 months.

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Right to minimum subsistence allowance in the EU

The ECJ ruled that EU citizens have a right to a minimum subsistence allowance in the country they are residing in.

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What are the 'Exceptional Circumstances' categories for Reintroducing Internal Borders under the Schengen System?

Categories A25, A28, and A29 are the 'exceptional circumstances' types for which a Member State (MS) can temporarily reinstate internal border controls within the Schengen Area.

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Right to a tide over allowance in the EU

The ECJ ruled that EU citizens have a right to a tide over allowance while waiting for a welfare benefit decision.

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What is the 'A28' Category for Reintroducing Internal Borders?

The A28 category is used for cases requiring immediate action, often in emergency situations.

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Which Article outlines the General Framework for Internal Border Controls in the Schengen System?

The general framework for reintroducing internal borders under the Schengen system is described in Article 25 (A25) of the Schengen Border Code.

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EU Social Assistance criteria

Social assistance in the EU is only available for EU citizens if they meet certain criteria and limitations. For example, non-workers are not eligible for social assistance for the first three months of their stay.

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Degree of integration for EU social assistance

The ECJ has introduced a new criterion for access to social assistance: degree of integration into the host member state. This means that EU citizens may need to demonstrate that they are integrated into local society to be eligible for social assistance.

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When are Internal Border Controls Reintroduced under the A29 Category?

Internal border controls reintroduced under the A29 category are activated when exceptional circumstances put the functioning of the Schengen Area at risk.

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What is the 'A25a' Category Used for Reintroducing Internal Borders?

The A25a category is used when internal border controls are reinstated due to foreseeable or unforeseeable events.

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Impact of Brexit on EU/UK citizens

The UK left the EU and their citizens lost EU citizenship, but the withdrawal agreement guarantees some EU rights for UK citizens in the EU and EU citizens in the UK.

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EU/UK citizens’ rights under the Withdrawal Agreement

The Withdrawal Agreement ensures citizens' rights to enter, exit, residence, and permanent residence are maintained. However, specific formal requirements may be set by the host state.

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What did the European Court of Justice (ECJ) rule regarding extending internal borders under A25?

The European Court of Justice (ECJ) in April 2022 ruled that if there is no new threat after the initial 6-month period of internal border controls, extensions under A25 are not allowed.

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Safeguards and remedies for the Withdrawal Agreement

The Withdrawal Agreement created a monitoring authority to investigate alleged breaches of the agreement by the UK. The agreement also allows the CJEU to give rulings on its interpretation for a defined period.

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Who recommends internal border controls and how are other Member States (MS) notified?

The Council of the European Union, on a proposal from the European Commission, recommends internal border controls, after which Member States (MS) have to notify the European Commission and other MS about their decision.

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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.

Part 10: Loss of Nationality & Social Assistance

  • 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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