Schengen Area: Right to Cross Borders

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson
Download our mobile app to listen on the go
Get App

Questions and Answers

What is instrumentalization of migrants referring to in the context of the Schengen Area?

  • Using countries' legal frameworks to enhance border security
  • Enforcing stronger immigration laws within the EU
  • Integrating migrants into the Schengen Area legally
  • Exploiting the movement of migrants to influence EU policies (correct)

Which document resolved the conflict between the Schengen cooperation and the third pillar of the EU competences?

  • The Schengen Borders Code
  • The Amsterdam Treaty (correct)
  • The Lisbon Treaty
  • The Maastricht Treaty

How many states are currently part of the Schengen Area?

  • 31
  • 25
  • 27
  • 29 (correct)

What legal basis was identified for the Schengen acquis within EU law?

<p>A62 TEC/A77 TFEU (C)</p> Signup and view all the answers

Which country is not part of the Schengen Area due to specific provisions?

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

What is the status of Cyprus in relation to the Schengen Area?

<p>Not in Schengen due to the Turkish occupation (D)</p> Signup and view all the answers

What changes are set to occur for Bulgaria and Romania regarding border controls on March 31, 2024?

<p>Air and sea controls will be lifted, but land controls will remain (D)</p> Signup and view all the answers

What does A21a of the SBC allow in response to large-scale public emergencies?

<p>Temporary restrictions on borders, provided they are proportionate and non-discriminatory (A)</p> Signup and view all the answers

What type of checks were introduced for persons enjoying the right of free movement under Union Law after 2017?

<p>Verification of identity and nationality against databases (D)</p> Signup and view all the answers

What is the requirement for 'Third Country Nationals' entering the EU according to A8(3)?

<p>Thorough checks including verification of entry conditions and documents (A)</p> Signup and view all the answers

What is the main legislation that allows free movement between Schengen member states?

<p>A21 TFEU (C)</p> Signup and view all the answers

Which article of the Schengen Border Code defines internal and external borders?

<p>Article 2 (C)</p> Signup and view all the answers

What is a potential reason for reintroducing border controls at internal borders according to the Schengen Border Code?

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

Which regulation established the Entry/Exit system for border checks?

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

What does the term 'Schengen Acquis' refer to?

<p>The agreements and acts adopted governing Schengen (C)</p> Signup and view all the answers

Which treaty incorporated the Schengen acquis into EU law?

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

Which of the following is NOT a condition for valid entry according to the Schengen Border Code?

<p>Proof of employment (C)</p> Signup and view all the answers

What is a characteristic of the 'associated states' within the Schengen area?

<p>They are not members of the EU but are part of Schengen. (B)</p> Signup and view all the answers

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

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

In emergency situations, how soon must notification be made?

<p>At the time or ASAP (A)</p> Signup and view all the answers

What does Article A29 pertain to?

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

Which of the following periods did the Council of EU recommend controls every 6 months?

<p>2015-2017 (B)</p> Signup and view all the answers

What was the outcome of the ECJ's decision in April 2022 regarding A25 use after 6 months?

<p>It cannot be extended if no new threat surfaces (A)</p> Signup and view all the answers

Which significant event influenced France's decision to extend controls during 2015?

<p>COP21 climate conference (A)</p> Signup and view all the answers

What did the Conseil d'état decide in December 2017 regarding state controls?

<p>Controls were proportional to terrorist and migrant threats (B)</p> Signup and view all the answers

By 2023, how many member states still had controls in place?

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

What is the purpose of the Schengen Information System as amended?

<p>To facilitate the exchange of information among border authorities (A)</p> Signup and view all the answers

Which regulation is associated with the establishment of Eurodac?

<p>Reg 603/2013 (A)</p> Signup and view all the answers

What does the Entry/Exit System record?

<p>Time and place of entry for third-country nationals (C)</p> Signup and view all the answers

What is the primary aim of Frontex as per Regulation 2019/1896?

<p>To secure external borders of the Schengen Area (C)</p> Signup and view all the answers

Which of the following is a condition for the temporary reintroduction of internal border controls?

<p>It must be justified for public security or public health (D)</p> Signup and view all the answers

The Visa Information System has been extended to include which of the following?

<p>Long stay visas and residence permits (A)</p> Signup and view all the answers

According to the amended provisions of the Schengen Borders Code, which article allows for checks within member states?

<p>A23 (B)</p> Signup and view all the answers

What does Regulation 2024/1358 accomplish in relation to Eurodac?

<p>It repeals old regulations and adds more data categories (C)</p> Signup and view all the answers

Flashcards

Schengen Cooperation

The Schengen Cooperation consists of two international agreements - the Agreement and the Convention - that were signed outside the European Communities framework between 1985 and 1997. These agreements established a cooperative framework for border controls and freedom of movement among participating states.

Schengen Acquis

The Schengen Acquis refers to the body of EU law that encompasses all the rules and regulations related to the Schengen Agreement and the Convention. It was gradually integrated into EU law through a series of acts and decisions.

Schengen and the 3rd Pillar

The 3rd pillar of EU competences, which includes justice and home affairs, initially conflicted with the provisions of the Schengen Agreement. The Amsterdam Treaty resolved this conflict by integrating Schengen into the EU framework.

Schengen Borders Code

The Schengen Borders Code, adopted in 2006, is a comprehensive set of rules that governs the management of external borders in the Schengen Area. It aims to create a unified and coherent approach to border control.

Signup and view all the flashcards

Instrumentalization of Migrants

Instrumentalization of migrants refers to the practice of third-party states using migrants as leverage in their relations with the EU, particularly in the context of the Schengen Agreement. Examples include using migrants as leverage to negotiate political concessions or to pressure the EU on border control policies.

Signup and view all the flashcards

Free Movement within Schengen

The right of EU citizens and other individuals with the right to free movement to cross internal borders within the Schengen Area without any border control.

Signup and view all the flashcards

External Border Control

The principle that the EU is responsible for the external borders of the Schengen Area, meaning that all member states are responsible for controlling the entry of non-EU citizens at the outer borders.

Signup and view all the flashcards

Schengen Border Code (SBC)

The legal framework governing the external borders of the Schengen Area, including the conditions for entry, exit, and the procedures for border control.

Signup and view all the flashcards

Associated States

A state that participates in the Schengen Area but is not a member of the European Union (EU).

Signup and view all the flashcards

Temporary Reintroduction of Internal Border Controls

The possibility for a state to temporarily reintroduce controls at internal borders in exceptional circumstances, such as in cases of public emergencies or serious threats to public order.

Signup and view all the flashcards

Principle of Absence of Control

The principle that member states within the Schengen Area must refrain from imposing border controls at internal borders, allowing free movement of people without checks.

Signup and view all the flashcards

Differentiation

The situation where the scope of free movement differs between countries within the Schengen Area, meaning not every state has completely open borders within the Schengen Area.

Signup and view all the flashcards

EU Power on External Borders

The EU has the power to create policies that ensure efficient monitoring and management of external borders, and the authority to carry out necessary checks.

Signup and view all the flashcards

Crossing External Borders

Individuals are allowed to cross external borders at designated crossing points, within specific hours.

Signup and view all the flashcards

Temporary Border Closure

EU countries have the right to temporarily close or limit the hours of specific border crossing points when necessary. This rule was introduced to prevent abuse of migration systems.

Signup and view all the flashcards

Border Restrictions in Emergencies

In situations of large-scale public emergencies, EU countries can temporarily restrict borders. This can include things like requiring testing or quarantine measures. These restrictions must be fair and reasonable.

Signup and view all the flashcards

Free Movement of EU Citizens

EU citizens enjoy the right to free movement within the EU. However, they are subject to identity and nationality checks, including verification against databases.

Signup and view all the flashcards

Schengen Information System (SIS)

This system is used for all people crossing external borders of Schengen countries. It allows for information exchange among border authorities and enables guards to access alerts on individuals.

Signup and view all the flashcards

Visa Information System (VIS)

The VIS is a database that stores information relating to Schengen visas, including fingerprints, visa applications, and decisions. It enables the sharing of visa data between consulates and border points.

Signup and view all the flashcards

Eurodac

Eurodac is a system that compares fingerprints of asylum seekers. Primarily used for asylum purposes, it also aids in criminal management. The system includes data about people disembarked after search and rescue operations.

Signup and view all the flashcards

Entry/Exit System

This system is used for registering the entry and exit of third-country nationals (TCNs) who are staying in Schengen countries for short periods. It records the time and place of entry and calculates their authorized stay.

Signup and view all the flashcards

European Travel Information and Authorization System (ETIAS)

ETIAS is an online prior authorization system for visa-exempt visitors intending to travel to Schengen countries. It acts as a security measure similar to the US ESTA program.

Signup and view all the flashcards

Principle of Absence of Control (A24)

This refers to the principle within the Schengen Border Code that allows free movement across internal borders of Schengen countries without checks. Citizens are free to travel without any border controls.

Signup and view all the flashcards

Temporary Reintroduction of Border Controls (Chapter 2 SBC)

This provision in the Schengen Border Code allows Member States to reintroduce border controls at internal borders temporarily for reasons of public security, public health, or other reasons.

Signup and view all the flashcards

Schengen Border Control Extension Limit

The maximum duration for which any temporary reintroduction of internal border controls is permitted within the Schengen Area, unless exceptional circumstances apply.

Signup and view all the flashcards

A28 - Immediate Action Border Controls

A category of temporary internal border control reintroduction allowed under the Schengen Borders Code, triggered by emergencies such as natural disasters or large-scale public health threats, requiring immediate action.

Signup and view all the flashcards

A25 - General Framework for Border Controls

A legal framework under the Schengen Borders Code outlining the general conditions for temporarily reintroducing internal border controls within the Schengen Area.

Signup and view all the flashcards

A25(a) - Foreseeable/Unforeseeable Events

A category of temporary internal border control reintroduction allowed under the Schengen Borders Code, triggered by foreseeable or unforeseeable events that pose a serious threat to public order or internal security.

Signup and view all the flashcards

A29 - Exceptional Circumstances for Border Controls

A category of temporary internal border control reintroduction allowed under the Schengen Borders Code, triggered by circumstances that pose a serious threat to the functioning of the Schengen Area, often involving a significant risk to public security or order.

Signup and view all the flashcards

Internal Border Control Reintroduction

The practice of temporarily reintroducing internal border controls within the Schengen Area, typically invoked in response to perceived threats to public security, public order, or the functioning of the Schengen Area.

Signup and view all the flashcards

Public Health Emergency as a Trigger for Border Controls

The legal basis for triggering the reintroduction of temporary internal border controls in the Schengen Area due to a public health emergency.

Signup and view all the flashcards

A25 - Application of Temporary Border Control Measures

The practice of applying the A25 category of temporary internal border controls, allowing for their reintroduction based on foreseeable or unforeseeable events that pose a serious threat to public order or internal security.

Signup and view all the flashcards

Study Notes

Schengen Area: Right to Cross Borders

  • Key Articles/Secondary Law:
    • A21 TFEU: Individuals within Schengen Member States can move freely between states.
    • A77 TFEU + Secondary Law: Schengen Border Code.
    • Schengen Agreement (1985)
    • Schengen Convention (1990)
    • Maastricht Treaty: Created the EU
    • Amsterdam Treaty: Integrated Schengen into EU law.
    • Schengen Border Code (2006): Reg 2016/399 defines internal and external borders.
    • Article 2: Defines internal and external borders.
    • Article 5: Restrictions on external borders.
    • Article 6: Valid entry conditions.
    • Article 8: External border controls for people with right of movement.
    • TCN (Third Country Nationals)

Restrictions on Borders

  • Restrictions are possible on external borders in public emergencies (A21a).
  • Internal borders have no restrictions (A22).
  • Member States can conduct checks within their territories (A23).
  • Member States must remove internal border controls (A24).
  • Temporary reintroduction of internal border controls is possible for foreseeable health emergencies (A25), unforeseeable cases (A28) and when overall functionality of Schengen is at stake (A29).
  • Regulations related to the removal of controls at internal border and exceptional cases have been revised and updated (Reg 2017/458, 2021/1134, 767/2008, 603/2013, 2017/2226, 2019/1896, 2018/1240, 2024/1358).

Regulations and Systems

  • Reg 2017/458: New databases for checks.
  • Reg 2021/1134: Reforms of visa information system.
  • Reg 2017/2226: Established an Entry/Exit system.
  • Reg 2019/1896: Created Frontex and repealed Reg 1052/2013 (for external border management).
  • Reg 2018/1240: Created the European Travel Information and Authorization System (ETIAS).
  • Reg 2024/1717: Amendments to introducing internal controls in the Schengen Border Code.

Key Terms

  • Differentiation: Territorial scope of 'free movement' differs in each state.

Schengen Acquis and Area

  • Schengen Acquis: Contains the Schengen Agreement, Schengen Convention and acts adopted by the executive committee.
  • Associated States: States in the Schengen area but not in the EU.
  • Instrumentalization of migrants: Third party states manipulating migrants to exert leverage over the EU/Schengen area (eg Turkey, Belarus).
  • Schengen Cooperation established separate international agreements.

Schengen Borders Code

  • Article 5: Borders can temporarily alter during circumstances like public health emergencies or significant events.
  • Article A5(4): Border crossing points can temporarily close.
  • A21a: Large-scale public emergencies or public health issues can temporarily restrict borders.
  • A8(2): People with the right of free movement are subject "minimum checks" of travel documents.
  • A8(3): Third-country nationals are subject to thorough checks regarding entry requirements.
  • Reg 2017/2225: Entry/Exit System
  • Reg 2021/1134: Reforms of visa information systems.
  • Additional Information (from page 3): Databases exist for verification.

Visa Information System (VIS) and Eurodac

  • VIS: Data shared across consulates and border points regarding visa applications.
  • Extended in 2021 to cover long-stay visas and residence permits.
  • Reg 767/2008 and Reg 603/2013 (established VIS and Eurodac).
  • Reg 2024/1358 repealed previous regulations and added new categories (people disembarked after rescue operations).
  • Updated data for asylum applications and criminal records, and other information.

Entry/Exit System and Frontex

  • Reg. 2017/2226: System for entry/exit of 29 Schengen states.
  • EU regulations provide additional functionalities.
  • Reg. 2019/1896: Created Frontex and repealed Reg 1052/2013 for external border management.

Internal Borders Principles

  • A22: Internal borders can be crossed at any point without checks.
  • A23: Member states can carry out internal border checks.
  • A24: The Principle of absence of control.

Exceptions

  • SBC Chapter 2: Temporary reintroduction of internal border controls (public security, public health).

  • A25 foreseeable case; A28 large-scale public health; and A29 exceptional cases warranting internal border controls.

  • Additional information (from page 5): Reg 2024/1717 amends the categories for internal border control.

  • Reg 206/399 amendments could increase temporary reintroduction of controls (after migration crisis or terrorist threats).

Other Exceptions and ECJ Decision

  • ECJ April 2022 ruling: If no new threat after 6 months, border controls cannot be extended.
  • 2015-2017 and ongoing EU Council Recommendations: Continuous recommendations to extend border controls every six months.
  • ECJ Decisions and Council of Europe rulings: Guidance on when and how to extend border controls as needed.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

Schengen Area Summary Notes PDF
Use Quizgecko on...
Browser
Browser