Schengen acquis

; Decision 1999/435 / EC
Title:	1999/435 / EC: Council Decision of 20 May 1999 establishing the Schengen acquis in order to establish the legal bases for each provision and decision making up this acquis in accordance with the relevant provisions of the Treaty establishing the European Community and the Treaty on European Union
Scope:	EEA excluding Great Britain and Ireland ; also valid in Switzerland
Reference:	OJ L 176 of July 10, 1999, pp. 1-16
Full text	Basic version
Regulation has entered into force and is applicable.
Please note the information on the current version of legal acts of the European Union !

Scope of the Schengen acquis

With the Schengen acquis ( French acquis de Schengen , English Schengen acquis , Spanish acervo de Schengen , Italian acquis di Schengen , Dutch Schengen acquis , in German therefore often referred to as the Schengen acquis ), a number of agreements originally made on the basis of international law are identified Implementation decisions of individual states on the elimination of internal border controls, which were transferred under this collective term into the law of the European Union on May 1, 1999 .

history

The Schengen Acquis was created with the Treaty of Amsterdam of October 2, 1997, which was incorporated into the European Union in Art. 73 j EC (consolidated: Art. 62 EC), today in a modified form in Art. 77 (2) TFEU , competences in Area of the newly created area of freedom, security and justice . These included u. a.

Measures to ensure that Union citizens and third-country nationals are not checked when crossing internal borders ,
Measures related to the crossing of the external borders of the Member States, etc. a. Standards and procedures for carrying out identity checks , for visas for planned stays of a maximum of three months, visa exemptions, the uniform visa design and regulations for a uniform visa,
Measures to determine the conditions under which third-country nationals can travel for a period not exceeding three months.

The protocol integrating the Schengen acquis into the framework of the European Union is annexed to the Treaty of Amsterdam .

Subject matter, scope

According to Article 311 EC as amended by the Treaty of Amsterdam i. V. with the protocol integrating the Schengen acquis into the framework of the European Union

the Schengen Agreement of June 14, 1985 ,
the Schengen Implementation Convention (SDÜ) of June 19, 1990,
the previous accession protocols and agreements with Italy , Spain and Portugal , Greece , Austria , Denmark , Finland and Sweden ,
the decisions and declarations of the Executive Committee in accordance with Articles 131-133 of the CISA,
the decisions of the Central Group to which it has been authorized by the Executive Committee,
a list of acts adopted by the bodies to which the Executive Committee has delegated decision-making powers for the implementation of the Convention.

The details of which regulations are involved can be found in the resolution of the Council of May 20, 1999, which are printed elsewhere in a 473-page summary.

scope

The Schengen acquis applies in principle in all member states of the European Union, but with the following special features:

Great Britain and Ireland have never participated in the abolition of internal border controls at their external borders (unlike between their countries ) and therefore do not apply the Schengen acquis in principle. However, you can at any time opt for the application of individual or all provisions of the Schengen acquis and its further development.

Denmark has fully adopted the Schengen acquis, but only takes part in its further development after national approval. Acceptance is decided on a case-by-case basis. If Denmark accepts a regulation, the country is bound to the European Union on the basis of international law.

In the new Member States (currently Romania , Bulgaria and Croatia ), the Schengen acquis will gradually apply depending on the availability of the infrastructure. It will be implemented gradually. These states are therefore not yet full users .

The Schengen acquis does not have unlimited application in Cyprus either because of the unresolved Cyprus conflict .

The Schengen acquis has also been adopted by Iceland , Liechtenstein , Norway and Switzerland through international agreements .

New EU accession candidates are obliged to fully adopt the Schengen acquis.

Countries that have fully adopted the Schengen acquis form the Schengen area .

Legal nature and further development

The exact legal nature of the Schengen acquis from the point of view of European law is unclear and has also been left unregulated.

De jure , the international treaty agreements continue to exist in their original version - they are still listed in their original version in the reference list of applicable German federal law - but de facto they only apply in the amended version of European law. For example, many provisions of the Schengen Implementation Agreement with over 142 articles have now expired or - often without being formally repealed - have been replaced by directives or regulations of the European Union, or are no longer applied.

The future further development takes place according to the procedural law of the European Union. The Executive Committee constituted by the Schengen Convention was dissolved by the Treaty of Amsterdam; since then the council has assumed its functions .

Directives or regulations of the European Union which develop the Schengen acquis further are referred to as such in the recitals .

Web links

Treaty of Amsterdam . In: Official Journal. C 340 of 10 November 1997, p. 1.
Council decision on the scope of the Schengen acquis on 1 May 1999 . In: Official Journal. L 176 of July 10, 1999, p. 1.
Text of the Schengen acquis on 1 May 1999 . In: Official Journal. L 239 of September 20, 2000, p. 1.

Individual evidence

↑ ^a ^b ^c Rosenau, Petrus in Vedder, Heintschel (ed.): European Union Law, hand commentary . 1st edition. Nomos, Baden-Baden 2012, ISBN 978-3-8329-3762-1 , p. 439 (Art. 77 TFEU, paragraph 2) .
↑ OJ. C 340 of 10 November 1997, p. 1.
↑ OJ. C 340 of 10 November 1997, p. 93.
↑ OJ. L 176 of July 10, 1999, p. 1.
↑ OJ. L 239 of September 22, 2000, p. 1.
↑ See Articles 4 and 5 of Protocol No. 19 to the Treaty on the Functioning of the European Union (TFEU) , OJ. C 326 of 26 October 2012, p. 201 ff. (From p. 290)
↑ See Art. 3 of Protocol No. 19 and Protocol No. 22 of the Treaty on the Functioning of the European Union (TFEU) , OJ. C 326 of October 26, 2012, p. 201 ff. (From p. 299), accessed on January 13, 2016.
↑ See Art. 7 of Protocol No. 19 of the Treaty on the Functioning of the European Union (TFEU) , OJ. C 326 of October 26, 2012, p. 201 ff. (From p. 292) accessed on January 13, 2016.
↑ Article 2 sentence 2 of the Protocol [No. 19] of the TFEU on the Schengen acquis incorporated into the framework of the European Union.

[vedder1-1] Rosenau, Petrus in Vedder, Heintschel (ed.): European Union Law, hand commentary . 1st edition. Nomos, Baden-Baden 2012, ISBN 978-3-8329-3762-1 , p. 439 (Art. 77 TFEU, paragraph 2) .

[2] OJ. C 340 of 10 November 1997, p. 1.

[3] OJ. C 340 of 10 November 1997, p. 93.

[4] OJ. L 176 of July 10, 1999, p. 1.

[5] OJ. L 239 of September 22, 2000, p. 1.

[6] See Articles 4 and 5 of Protocol No. 19 to the Treaty on the Functioning of the European Union (TFEU) , OJ. C 326 of 26 October 2012, p. 201 ff. (From p. 290)

[7] See Art. 3 of Protocol No. 19 and Protocol No. 22 of the Treaty on the Functioning of the European Union (TFEU) , OJ. C 326 of October 26, 2012, p. 201 ff. (From p. 299), accessed on January 13, 2016.

[8] See Art. 7 of Protocol No. 19 of the Treaty on the Functioning of the European Union (TFEU) , OJ. C 326 of October 26, 2012, p. 201 ff. (From p. 292) accessed on January 13, 2016.

[9] Article 2 sentence 2 of the Protocol [No. 19] of the TFEU on the Schengen acquis incorporated into the framework of the European Union.