Schengen Agreement

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The states of the Schengen Agreement
  • Full user states
  • Non-EU Schengen members ( EFTA )
    ( IS + N + CH + FL )
  • Future Schengen members
    ( HR + RO + BG + CY )
  • Cooperating States ( GB + IRL )
    • A “Schengen border” between two EU states, here at the transition from Erl in Tyrol (Austria) to Nussdorf am Inn in Bavaria (Germany): There are no border controls at the state border, just a blue sign with a star ring around the name of the EU state

    The Schengen Agreements are international agreements , in particular to abolish stationary border controls at the internal borders of the participating states . These are essentially the members of the European Union , but excluding Ireland , Romania, Bulgaria and Cyprus. The scope of application was extended to Iceland , Liechtenstein , Norway and Switzerland through additional agreements with the European Union . The scope of the agreement is commonly referred to as the Schengen area .

    The first of these agreements, dated June 14, 1985, was primarily intended to promote the creation of a European internal market and was named after the place where it was signed, the municipality of Schengen in the Grand Duchy of Luxembourg . The regulations that have been modified several times (Schengen I to III) constitute the Schengen acquis , an essential pillar of the “ area of ​​freedom, security and justice ” of the European Union. The significance and merits of the Schengen Agreement are documented in the European Museum Schengen .

    The uncontrolled crossing of internal borders as a principle of the Schengen Agreement was temporarily suspended by several European countries in the course of the refugee crisis in Europe from 2015 after individual member states saw the security of the external borders of the European Union at risk.

    From March to June 2020, numerous borders between member states were closed due to the COVID-19 pandemic .

    Content of the agreement

    Identity checks

    While within the Schengen area the identity checks have been omitted except for spot checks behind the national borders, persons at the external borders with third countries are checked according to a uniform standard. To this end, the Schengen Information System (SIS; an electronic search network) was created and uniform entry requirements for third-party nationals were established. Therefore, entry must be refused at any point on the Schengen external border if there is no Schengen visa or if for other reasons a threat to the public security of a Schengen state is determined.

    At the airports there are separate handling for flights from the Schengen member states and from third countries. If a so-called uniform Schengen visa has been issued by a member state, there is freedom of travel for a short stay in all Schengen countries. Holders of a residence permit from a Schengen state also enjoy freedom of movement in the other Member States.

    The elimination of identity checks when entering a Schengen state from another Schengen state has been offset by some countries by expanding their domestic police control powers. Above all, however, cross-border police cooperation has been intensified in order to be able to counter the increased mobility of criminals. This includes an easier exchange of information, common patrols in the internal border area, the possibility of cross-border observation or prosecution of criminals ( pursuit ).

    The Schengen system also includes residence bans for the entire Schengen area . These alerts for the refusal of entry in the SIS are based on a national decision such as the German re-entry ban after expulsion or deportation. This is based on the idea that criminals who are to be kept out of a Schengen state because of a permanent threat to public security are in principle undesirable in the other countries as well.

    Belgian-French border on the A7 motorway . In connection with the state of emergency in France following the 2015 terrorist attacks, the French police reintroduced border controls.

    In the event of serious threats to public order or internal security from the perspective of a member state, controls at internal borders can be temporarily reintroduced for up to six months. This happened, for example, at the European and World Cups as well as in the run-up to the G8 summits in Genoa in 2001 and Heiligendamm in 2007 . During the G7 summit at Schloss Elmau (Bavaria) from May 26 to June 15, 2015, controls were carried out at German borders, especially when entering from Austria and the Czech Republic. During this period, a total of 362,275 travelers were screened. Among other things, 10,555 violations of the Residence Act, 237 violations of the Narcotics Act and 151 document offenses were found. There were also 1,056 wanted people - 135 people with open arrest warrants. The Bavarian Interior Minister Joachim Herrmann spoke in this context of analyzing the results of the border controls in detail and then reassessing the question of border controls.

    Customs controls

    This article or section needs revision: The following section is misleading. Today there should only be customs controls between the member states of the EU and the states of the rest of the EEA (Iceland, Norway, Liechtenstein) and Switzerland, because these do not belong to the customs territory of the Union. There are no longer any customs controls within the Schengen area of ​​the EU member states (e.g. border between Germany and France). The peculiarity of only four associated countries with customs controls is an exception to customs controls that have generally been abolished and should also be presented as such. Incidentally, the section is top-heavy on the lemma that concerns the abolition of identity checks. Customs controls are only a minor aspect of the lemma. Opihuck 20:00, Apr. 12, 2017 (CEST)
    Please help to improve it , and then remove this mark.

    Customs controls have not ceased to exist in the Schengen area. Anyone entering another Schengen state that is not a member of the European Customs Union from a Schengen state must declare the goods they are taking with them at customs if they are not within the exemption limit of the entry state. At the border crossings, travelers are informed about the exemption limits applicable in these countries by the customs staff or a notice. If travelers bring goods with them that are not within the applicable exemption limits and if they do not find a border official, they must declare the goods they have brought with them in writing and throw the document into a letterbox provided for this purpose at the border (principle of self-declaration). This also applies if the travelers only travel through these countries. Failure to comply with the principle of self-declaration is punished as a customs offense in these countries even in cases of transit.

    The states that belong to the Schengen area but not to the European Customs Union are the four EFTA member states Switzerland , Liechtenstein , Norway and Iceland . The last three are member states of the European Economic Area , so there is free movement of goods between them and the EU. However, the EEA members each have their own external tariffs vis-à-vis third countries. For this reason, checks are carried out at the border crossings to prevent goods from being imported into the country with the lowest external tariffs and from there to other EEA member states with higher external tariffs, but formally these are primarily just goods checks. At the same time, however, a preselection for personal control can be made.

    Participant in the agreement

    The Schengen area
    German-Luxembourg border
    The Oresund Bridge ; the border between Sweden and Denmark runs 883 meters west of the first pair of pylons.

    Individual regulations and requirements for participation

    This article or section needs to be revised: The text contains many errors in content and should be completely revised.
    Please help to improve it , and then remove this flag.

    The question of whether a state is a Schengen state is not always easy to answer. The Schengen law has meanwhile been so fragmented by various national special regulations that it is first necessary to define what characterizes a Schengen state. Since this article deals exclusively with the border-related regulations, but not with the much more extensive supplementary and compensatory measures (travel rights for third-party foreigners, uniform visa issuance and mutual recognition, judicial cooperation and prohibition of double punishment , combating smuggling of smugglers , illegal arms and drug trafficking or preventing abuse the right to asylum , etc.), it is appropriate to determine the Schengen state according to the extent to which the abolition of internal border controls and the uniform external border control standard are binding for it. However, the result of this analysis includes all states for which the entire and not just minor parts of Schengen law are binding.

    Accession to the Schengen Agreement took place in various ways, initially by signing and ratifying the Schengen Agreement. Since the Treaty of Amsterdam came into force, acceptance into Schengen cooperation takes place automatically upon accession to the European Union. Thus, the entire Schengen law is binding in every member state from the date of accession. The provisions on the abolition of internal border controls, the uniform issuing of visas and visa recognition as well as the SIS are subject to a separate reservation of application.

    With the Schengen Agreement, the formal entry into force of the multilateral treaty (after ratification by all signatory states ) and the full entry into force do not occur at the same time as the actual abolition of border controls. The border controls can only be abolished in a country if an evaluation of the compensatory measures by the already participating states shows that the external border control standard is met and the Schengen information system works without any problems.

    When Schengen law was transposed into EU law, the United Kingdom and Ireland enforced exception clauses, according to which Schengen law, with few exceptions, does not apply to the two states until they submit a separate application. For that long, both states are not Schengen states. Even Denmark has established an exception clause. According to this, Schengen law applies in Denmark, but not as part of Community law, but only on the basis of international law. For the user of the law, however, this construction does not make any relevant difference.

    Since the states of the European Free Trade Association (EFTA) actually belong to the common internal market, their association with Schengen law is also in the interests of both parties. At the same time, however, an association with European asylum law ( Dublin process ) is required. As a result, 29 countries have joined the Schengen Agreement: all EU Member States (excluding the United Kingdom and Ireland) plus the associated countries Norway, Iceland and Switzerland.

    Liechtenstein was in a special position because Liechtenstein's accession to the Schengen Agreement only became effective around three years after Switzerland acceded. In the meantime there were no border controls at the Schengen external border between Switzerland and Liechtenstein, but this border was temporarily checked with cameras and patrols from the Swiss border guards. This border was previously completely uncontrolled, as it did not represent a border of the Swiss customs area (and still does not represent it today) and the Swiss border guard was and is responsible for both sides.

    Legally accurate, the term Schengen states should be avoided: There are full-user states that actually apply the entire Schengen law, partial user states (currently Cyprus , Bulgaria , Romania , Croatia ) for which the entire law is binding, but not yet a small part of the Schengen law and other countries ( United Kingdom , Ireland ) that only apply marginal areas of Schengen law.

    In addition to the signatory states, four other small states actually belong to the single Schengen area without border controls due to special relationships with one or more signatory states. However, these states cannot issue uniform visas, nor do they have access to the Schengen information system, for example. These states are not Schengen states because they are not bound by Schengen law, although they may have incorporated parts of Schengen law into national law.

    In principle, only the European territory of the member states belongs to the Schengen area. There are special regulations for certain areas in North Africa and the Atlantic .

    List of participating and other selected countries

    See now the main article → Schengen area with all special features and restrictions

    This article or section needs to be revised: The table has failed from today's perspective. The scope of the Schengen Agreement is clear and fundamentally unchangeable. Columns 1, 3 and 5 of the table have now been incorporated into the Schengen area in detail and can be omitted here. Column 2 belonged best in the article in preparation for the Schengen Implementing Convention . The temporary reintroduction of border controls in column 4 of the table was factually part of the Schengen Borders Code , where this is expressly regulated, but could, due to the amount, also be included in a separate article, e.g. B. Temporary reintroduction of border controls according to the Schengen Borders Code (there would be a lot more than listed here) should be presented comprehensively. In any case, it is wrong to constantly read the "suspension of the Schengen rules" for the temporary reintroduction of border controls. The temporary reintroduction of internal border controls is expressly regulated in the Schengen Borders Code; it cannot therefore be overriding, but is an application of the Schengen rules.
    Please help to improve it , and then remove this flag.

    Country Accession to the agreement through ratification or through accession to the EU Elimination of border controls
    (future events in italics)     		Temporary reintroduction of border controls Remarks
    GermanyGermany Germany June 19, 1990 March 26, 1995 During the G8 summit in Cologne in 1999 . Before and during the 2006 World Cup . During the G8 summit in Heiligendamm in 2007 . Before and during the NATO summit 2009. Before and during the G7 summit at Schloss Elmau 2015 . From September 13, 2015 until further notice at the Austrian border as part of the refugee crisis in Europe 2015 . From June 12th to July 11th 2017 at all borders due to the G20 summit in Hamburg . With the accession of the GDR to the Federal Republic on October 3, 1990, the Schengen Agreement also applied to the former territory of the GDR and Berlin .
    FranceFrance France June 19, 1990 March 26, 1995 From March 20 to April 5, 2009 on the occasion of the NATO summit. From November 13, 2015 because of the terrorist attacks in Paris and the upcoming world climate summit . Without overseas territories .
    BelgiumBelgium Belgium June 19, 1990 March 26, 1995 From 10th to 30th January 2000 on the occasion of an amnesty for people without a residence permit. Before and during the European Football Championship 2000 .
    NetherlandsNetherlands Netherlands June 19, 1990 March 26, 1995 Before and during the European Football Championship 2000 . Without the special municipalities of Bonaire , Saba and Sint Eustatius and the autonomous countries of Aruba , Curaçao and Sint Maarten .
    LuxembourgLuxembourg Luxembourg June 19, 1990 March 26, 1995
    SpainSpain Spain June 25, 1991 March 26, 1995 With the Canary Islands and the Plazas de soberanía in front of Africa. The areas of Ceuta and Melilla in North Africa have a special status.
    PortugalPortugal Portugal June 25, 1991 March 26, 1995 Before and during the 2004 European Football Championship . Including Madeira and Azores .
    ItalyItaly Italy 17th November 1990 April 1, 1998 Before and during the G8 summit in Genoa .
    AustriaAustria Austria April 28, 1995 April 1, 1998 Before and during the 2008 European Football Championship . Before and during the meeting of the World Economic Forum in June 2011. Since September 16, 2015 as part of the 2015 refugee crisis in Europe .
    GreeceGreece Greece November 6, 1992 March 26, 2000 Formal entry into force as early as 1997, due to security concerns in other EU countries, full entry into force only in 2000. Not valid for the autonomous monastic republic of Athos .
    DenmarkDenmark Denmark December 19, 1996 March 25, 2001 Random passport controls as reported on January 4, 2016 in the context of the refugee crisis and as a result of complications caused by simultaneous Swedish border controls on the Danish-Swedish border The semi-autonomous areas of Greenland and Faroe Islands have not acceded to the agreement. The border controls, which had already been abolished by the Nordic Passport Union , will remain suspended.
    SwedenSweden Sweden December 19, 1996 March 25, 2001 Since November 12, 2015 in the context of the refugee crisis in Europe 2015 on the train and car routes on the Øresund Bridge and the ferry connections in southern Sweden.
    FinlandFinland Finland December 19, 1996 March 25, 2001
    NorwayNorway Norway December 19, 1996 March 25, 2001 Not a member of the EU, but a member of the Schengen Agreement as part of the Nordic Passport Union . The agreement does not apply to Spitzbergen , but there are no border controls there anyway.
    IcelandIceland Iceland December 19, 1996 March 25, 2001 Not a member of the EU, but a member of the Schengen Agreement as part of the Nordic Passport Union .
    PolandPoland Poland May 1, 2004 December 21, 2007 Before and during the European Football Championship 2012 ; November 8-23, 2013 because of the UN Climate Change Conference in Warsaw ; July 7th to August 2nd, 2016 on the occasion of the NATO summit and the visit of the Pope during World Youth Day 2016
    Czech RepublicCzech Republic Czech Republic May 1, 2004 December 21, 2007
    SlovakiaSlovakia Slovakia May 1, 2004 December 21, 2007
    HungaryHungary Hungary May 1, 2004 December 21, 2007
    SloveniaSlovenia Slovenia May 1, 2004 December 21, 2007
    LithuaniaLithuania Lithuania May 1, 2004 December 21, 2007
    LatviaLatvia Latvia May 1, 2004 December 21, 2007
    EstoniaEstonia Estonia May 1, 2004 December 21, 2007
    MaltaMalta Malta May 1, 2004 December 21, 2007 Malta is the only country in the Union to offer its citizenship and thus free access to the Schengen area for sale.
    SwitzerlandSwitzerland Switzerland October 26, 2004 December 12, 2008

    at airports on March 29, 2009     		Not a member of the EU. Complete implementation of all Schengen law. Since Switzerland has not entered into a customs union with the EU, goods controls at the border remain permitted despite the abolition of identity controls.
    LiechtensteinLiechtenstein Liechtenstein March 1, 2008 December 19, 2011 Not an EU member, but an EEA member, customs union with Switzerland , goods controls on the border with Austria by the Swiss border guards . Complete implementation of all Schengen law. Since Switzerland has not entered into a customs union with the EU, goods controls remain permitted despite the abolition of identity controls. No airport, only heliport ; no air entry from outside other Schengen countries.
    Cyprus RepublicRepublic of Cyprus Cyprus May 1, 2004 not until the Cyprus conflict is resolved Applies the Schengen acquis ( the Schengen acquis ) been only partially. Accordingly, it does not yet issue a uniform Schengen visa . External border provisions are already in place; The demarcation line to Northern Cyprus has a special status. The status of Northern Cyprus is unclear (in fact no Schengen area).
    RomaniaRomania Romania January 1, 2007 Applies the Schengen acquis ( the Schengen acquis ) been only partially. Accordingly, it does not yet issue a uniform Schengen visa . Until the intended full application of the Schengen Acquis, identity controls at internal borders will remain in place for the time being. External border provisions are already in place.
    BulgariaBulgaria Bulgaria January 1, 2007 Applies the Schengen acquis ( the Schengen acquis ) been only partially. Accordingly, it does not yet issue a uniform Schengen visa . Until the intended full application of the Schengen Acquis, identity controls at internal borders will remain in place for the time being. External border provisions are already in place.
    CroatiaCroatia Croatia July, 1st 2013 Applies the Schengen acquis ( the Schengen acquis ) been only partially. Accordingly, it does not yet issue a uniform Schengen visa . Until the intended full application of the Schengen Acquis, identity controls at internal borders will remain in place for the time being.
    United KingdomUnited Kingdom United Kingdom - - Limited participation; only judicial and police cooperation, no abolition of border controls. Instead Common Travel Area with Ireland.
    IrelandIreland Ireland - - Limited participation; only judicial and police cooperation, no abolition of border controls (especially in order to be able to keep the border open to the non-Schengen member Great Britain, with which the Common Travel Area exists).
    AndorraAndorra Andorra - No member state, there are intensive customs controls with neighboring countries France and Spain. Andorran residence permits do not entitle you to transit through the Schengen states. No airport and therefore no entry by air.
    MonacoMonaco Monaco - Not a Member State, but before that there were no border controls with France, the only neighboring country. Certain Monegasque residence permits entitle you to use travel rights in the Schengen countries. French authorities carry out passport controls at the port in Monaco. No airport and therefore no entry by plane.
    San MarinoSan Marino San Marino - Not a Member State, but before that there were no border controls with the only neighboring country, Italy. No airport and therefore no entry by air.
    Vatican cityVatican Vatican city - Not a Schengen state, but there were no border controls with Italy's only neighbor before. No airport and therefore no possibility of entry by air (exception: helipad in the Vatican Gardens, which is actually only available to the Pope and his fellow travelers.)
  • State party that already implements the agreement
  • Contracting state in which only the provisions on the external border are applied; full implementation takes place through a separate decision of the JHA Council of the EU
  • State that only applies certain rules of Schengen law as an exception
  • Non-contracting state that is located entirely in the Schengen area and for which there are no external border controls according to the Schengen Borders Code
    •

    history

    Schengen Agreement

    On June 14, 1985, the representatives of the five EC member states Germany , France , Belgium , the Netherlands and Luxembourg signed the Schengen Agreement (meanwhile informally ) in the German-French-Luxembourg border triangle near Schengen (Luxembourg) on ​​the Upper Moselle on the passenger ship Princesse Marie-Astrid also often referred to as Schengen I ). Schengen was chosen for this historic event because it forms a hub in the middle of Europe together with its neighboring communities Perl (Germany) and Apach (France). This is the "triangle" between the Benelux countries (no border controls since 1969), France and Germany, and in a certain sense between all the first signatories.

    Since the Moselle between the Federal Republic of Germany and the Grand Duchy of Luxembourg is a condominium of the Federal Republic of Germany and the Grand Duchy of Luxembourg, the signing of the agreement on the Moselle cannot have taken place in Schengen, but at most in Schengen and Perl. The agreement should therefore be called the Schengen-Perler Agreement.

    Only five of the then ten EC states were involved in the agreement; it is therefore an early example of enhanced cooperation . This was another important legal step towards transforming the "external borders" that previously existed between the member states into "internal borders", both formally and materially. At the same time, the constitutional right to freedom of movement and residence of persons in the internal market (Art. 14 Para. 2 EU Treaty 1992) was prepared, which today is a formal fundamental right in accordance with the "Charter of Fundamental Rights of the EU" that came into force in 2009 (Art. 45) .

    Schengen Implementation Convention

    On June 19, 1990, the above-mentioned countries signed the Schengen Implementation Agreement (informally also often referred to as Schengen II ), in which the concrete procedures for the legal and technical implementation of the agreement are laid down. In the new federal states, the agreement entered into force automatically with German reunification on October 3, 1990.

    Integration into EU law

    The Treaty of Amsterdam (October 2, 1997) stipulated that the Schengen Agreement would be integrated into EU law. This change came into force on May 1, 1999. The details of the inclusion of the Schengen Agreement and the decisions based on it (officially the "Schengen acquis") are regulated in the Schengen Protocol annexed to the Treaty of Amsterdam . The inclusion of the Schengen Agreement means that the provisions of the Schengen acquis also apply to all member states newly acceding to the European Union. The island states of the United Kingdom and Ireland enforced an exemption and continue to carry out controls at their borders. However, unlike when the Schengen Agreement was concluded under international law, these countries no longer resisted the integration of the Schengen acquis into the framework of the EU.

    Since then, the EU institutions have been responsible for the further development of Schengen law, although it does not necessarily apply in all member states. This is a special form of non-simultaneity within the EU based on the model of monetary union . The European Court of Justice gave its first judgment on the interpretation of Schengen law in 2003 on protection against double punishment within the EU.

    Due to the inclusion of the Schengen Agreement in the legal framework of the European Union, the Schengen Agreements are no longer valid as international agreements between the member states, but as legal acts of the European Union. As a result, the European Union has now been able to repeal large parts of the Schengen Convention and replace them with EU regulations such as the Schengen Borders Code .

    Implementation of the Schengen acquis in the EU countries that joined in 2004

    On December 21, 2007, land and sea borders were opened in Estonia , Latvia , Lithuania , Malta , Poland , Slovakia , Slovenia , the Czech Republic and Hungary . The Schengen area was thus around 3.6 million square kilometers, in which around 400 million Europeans live. The border controls at airports were changed with the flight plan change on March 30, 2008. The border openings in the new EU countries were originally linked to the completion of the new Schengen Information System II (additional storage of biometric data, fingerprints and photos; expansion of search options). Due to considerable technical problems, the EU justice and interior ministers agreed to upgrade the old network for cross-border police cooperation (SISone4all) as an interim solution.

    Accession of Switzerland

    German-French-Swiss border triangle near Basel

    On May 19, 2004, after a meeting with Swiss government representatives , the European Commission announced that Switzerland would join the Schengen area in late 2006 or early 2007. Switzerland signed the agreement for inclusion in the Schengen area on October 26, 2004. With a referendum (referendum), the Swiss population had the opportunity to decide on acceptance or rejection. In the referendum on June 5, 2005, 54.6 percent of the Swiss population voted in favor of the agreement. The submission received the greatest support in the cantons of Neuchâtel (70.94 percent) and Vaud (67.55 percent). In contrast, in the cantons of Appenzell Innerrhoden (31.49 percent), Ticino and Schwyz (both 38.08 percent), only a minority voted for the agreement. The instrument of ratification was deposited on March 20, 2006.

    The agreement came into force on March 1, 2008 and was implemented on December 12, 2008 after the necessary security systems were set up at the national borders - at airports it has only been implemented since March 29, 2009. Before the end of 2008, identity checks were gradually dismantled and the border was checked on a random basis in a 30 km strip, as is planned at an internal Schengen border.

    With Switzerland's participation in the Schengen area, sealed by the referendum of June 5, 2005, the visa requirement is no longer required here either. This is important for the 21 percent of foreigners from non-EU or most non-European countries with permanent residence in Switzerland, as many of them needed a visa when crossing the border briefly to France, Germany, Austria or Italy, for example, and such a transfer had to plan well in advance. This group of people no longer needs a visa.

    Switzerland, which has some special rules on judicial cooperation, has since applied the Schengen acquis - similar to Norway and Iceland - without EU membership. It is still not in a customs union with the EU. As a result, the large customs offices will still be manned to control the flow of goods. As part of these customs controls, personal controls are still possible.

    Accession of Liechtenstein

    Liechtenstein has been linked to Switzerland via a customs union since 1923. Together with other agreements, there were no controls on persons or goods at the border with Switzerland. It was therefore planned that when Switzerland joined the Schengen area, Liechtenstein would also join the Schengen area. To this end, Liechtenstein signed an association agreement on February 28, 2008, all necessary legislative amendments were carried out in autumn 2008 and the Liechtenstein government deposited an official declaration of ratification on January 14, 2009. The Liechtenstein government then assumed that, after the necessary technical, organizational and personnel preparations, it could come into force at the end of 2009.

    With the implementation of the Schengen regulations by Switzerland on December 12, 2008, an external border of the Schengen area was formally created at a border that was previously completely uncontrolled as a result of the customs union. Until Liechtenstein joined, border surveillance was intensified at the border between Switzerland and Liechtenstein, where a new external Schengen border ran. Since Liechtenstein can only be reached by land and via a heliport - and thus only from Schengen states - the establishment of new border control posts on the border with Switzerland has been dispensed with. Instead, the crossing points (including all Rhine bridges) were equipped with cameras. For the only external access via the Balzers Heliport , flights to and from non-Schengen countries have been banned, so that the EU's immigration policy is not affected.

    Full membership of Liechtenstein and thus the elimination of the Schengen external border was long blocked by Sweden and Germany. Sweden had tied its approval to the conclusion of an anti-fraud and tax information agreement. There were similar concerns about tax evasion in Germany.

    On February 15, 2011, the European Parliament approved Liechtenstein's full accession to the Schengen area. Following the positive outcome of an evaluation phase and the approval of the responsible Council of Ministers, full membership took place on December 19, 2011. As in Switzerland, however, customs controls on the border with Austria remain in place.

    Debate from 2011/2012 and reforms on controls at internal borders

    As a result of the protests in the Arab world in 2010–2011 , over 20,000 refugees crossed the Mediterranean to Italy . Since, according to the Dublin II regulation , the state in which a refugee enters the EU for the first time is solely responsible for their care and handling of possible asylum applications, the Italian government felt overwhelmed. However, since the other EU countries were not ready to accept some of the refugees, the Italian government began to issue tourist visas to refugees, who would have been able to move freely throughout the Schengen area. Thereupon France declared a temporary reintroduction of controls at the border with Italy. Silvio Berlusconi (Italian Prime Minister until November 2011) and French President Nicolas Sarkozy settled the conflict at a meeting at the end of April 2011 and jointly called for a reform of the rules of the Schengen acquis, which should facilitate the reintroduction of border controls. Various other government representatives, including the German Federal Minister of the Interior, Hans-Peter Friedrich , supported this demand.

    Shortly afterwards, at the urging of the right-wing populist Dansk Folkeparti , the Danish government decided to reintroduce permanent controls at the Danish borders, on the grounds that it wanted to prevent the entry of refugees and criminals from other European countries. According to the Danish government, these border controls should not violate the Schengen Agreement, as they are only carried out by customs officers. The measure met with sharp criticism , particularly in neighboring Sweden and in the European Parliament ; the European Commission announced a review. After a change of government in Denmark in October 2011 , border controls were abolished.

    At the summit of the European Council in June 2011, a reform of the Schengen regulations was discussed, including the introduction of a new body at European level that should approve the temporary reintroduction of border controls if necessary. On the one hand, these should be placed on a clear legal basis and thus made easier, but on the other hand, they should also be withdrawn from the national decision of individual states. It is unclear whether this possible new body should only be composed of the European interior ministries or whether the supranational institutions, i.e. the EU Commission and the European Parliament, should also be involved.

    In November 2011 it was announced that the Dutch intend to take photos of all incoming motorists at the border from 2012 and to save the photos.

    Shortly before the presidential election in France (April / May 2012), Sarkozy made a name for himself as a hardliner against illegal immigration. The German Interior Minister Hans-Peter Friedrich and his French counterpart Claude Guéant wrote a letter to the EU Council Presidency. In it they demand to be able to control their borders more closely in emergencies.

    The joint letter was received as an election campaign maneuver, because Friedrich had already made these demands several times.

    Regulation (EU) No. 1051/2013 of October 22, 2013 facilitated the reintroduction of border controls in emergency situations: In the event of foreseeable events, border controls can be introduced for up to six months. So far, identity controls at internal borders could be reintroduced for a maximum of thirty days. If immediate action is required to protect public order or internal security, a Schengen state can immediately reintroduce internal border controls for a maximum of ten days, with any extensions for a maximum of two months.

    For further developments see: Regulation (EU) 2016/399 (Schengen Borders Code) # Temporary reintroduction of border controls at an internal border .

    Current or temporary candidate countries

    Possible candidate countries are Bulgaria, Croatia, Romania and Cyprus, which are in the EU but are not yet members of the Schengen Agreement. Accession of Cyprus depends on the resolution of the Cyprus conflict .

    Gibraltar is considering joining the Schengen area.

    Problem aspects and criticism

    The abolition of border controls between the participating states goes hand in hand with the obligation to adequately secure the external borders for the purpose of preventing escape and combating illegal immigration . Until Poland joined the EU, for example, Germany's eastern border ( Oder-Neisse line ) was an increasingly secure external EU border. People who still want to cross such a border illegally, took and still use expensive and criminal smuggling companies or risk their lives when crossing the border.

    According to Pro Asyl , around 145 people were killed trying to cross the border between 1993 and 2003 on the German eastern border. Even more people perished on the southern Schengen border, especially on the Strait of Gibraltar and in the Aegean Sea , between 1994 and 2004, namely over 5000 people. These consequences and effects of the Schengen Agreement have therefore been subject to criticism from civil and human rights initiatives since the 1980s - even more so since the refugee crisis in Europe from 2015, including the disputes about a fortress in Europe , about necessary sea ​​rescue measures and the distribution of those entitled to stay Refugees within the European Union.

    The EU Commissioner Dimitris Avramopoulos , who is also responsible for migration, considers the forms of border controls recently practiced again in the Schengen area to be a dramatic mistake that must be countered: "If Schengen ceases to exist, Europe will die," Avramopoulos is quoted as saying. The border controls, which are only permitted as an exception and only for six months in the event of “a serious threat to public order or internal security”, have been extended again and again since 2015 and are meanwhile permanent, according to the Tagesspiegel, whereby the EU Commission advises the member states performing the controls can only counteract this with recommendations.

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    • Back to the barrier? , MDR, documentation 2015
    • Mysterious places: Schengen - how did Europe without borders come about? , SR, documentation

    Web links

    Commons : Schengen Agreement  - collection of images, videos and audio files
     Wikinews: Schengen Agreement  - in the news
    Wiktionary: Schengen Agreement  - explanations of meanings, word origins, synonyms, translations
    Criticism of the Schengen Agreement

    Individual evidence

    1. ↑ Consolidated version of the Treaty on the Functioning of the European Union . Third part, Title V: The area of ​​freedom, security and justice , Art. 67 to 89 TFEU, pp. 73–84.
    2. ^ Deutsche Welle (www.dw.com): Corona in the EU: Nation versus community? | DW | March 20, 2020. Retrieved on March 26, 2020 (German).
    3. ↑ ARD extra: The Corona situation - ARD Extra - ARD | The first. Retrieved June 15, 2020 .
    4. ↑ Foreign Office: Schengen Agreement
    5. ↑ Art. 23 of Regulation (EC) No. 562/2006 v. March 15, 2006, formerly Art. 2 of the Schengen Convention.
    6. ↑ Again passport controls at Bavaria's borders. (No longer available online.) In: br.de. May 26, 2015, archived from the original on May 26, 2015 ; accessed on May 26, 2015 .
    7. ↑ Federal Police take stock ( memento of June 11, 2015 in the Internet Archive ), press release on the G7 summit of June 10, 2015, accessed on June 10, 2015.
    8. ↑ Smugglers, car thieves, wanted people - do we need border controls again? In: Focus Online . June 5, 2015 ( focus.de ).
    9. ^ G-7 summit in Elmau - 6600 violations at border controls. In: Süddeutsche Zeitung . June 5, 2015 ( süddeutsche.de ).
    10. ↑ Liechtenstein celebrated joining the Schengen area on derstandard.at.
    11. ↑ Border controls due to NATO summit ( memento from March 23, 2009 in the Internet Archive ) on tagesschau.de from March 20, 2009.
    12. ^ De Maizière announces the introduction of border controls. In: Spiegel Online . September 13, 2015 ( spiegel.de ).
    13. ↑ tagesschau.de: Germany introduces G20 border controls
    14. ↑ Hundreds of criminals caught at G20 border controls. In: Spiegel Online. ( spiegel.de ).
    15. ↑ finanzen.net of March 20, 2009 , accessed December 30, 2012.
    16. ↑ tagesschau.de: tagesschau 20 years ago, April 1, 1998. Accessed April 1, 2018 .
    17. ↑ tagesschau.de: tagesschau 20 years ago, April 1, 1998. Accessed April 1, 2018 .
    18. ↑ Press releases. In: www.bmi.gv.at. Retrieved January 7, 2016 .
    19. ↑ Start assistance and border controls. orf.at , September 16, 2015, accessed on September 16, 2015 .
    20. ↑ Northern Europe: Denmark introduces passport controls at the border with Germany. In: Spiegel Online . January 4, 2016, accessed June 9, 2018 .
    21. ↑ Sweden temporarily introduces border controls. Spiegel Online, November 11, 2015, accessed November 11, 2015 .
    22. ^ NATO summit and papal visit: Poland controls borders until August , Spiegel Online from July 2, 2016, accessed on July 12, 2016.
    23. ↑ Markus Becker: Citizenship for the Rich: Malta's billion dollar business with the EU passport , Spiegel Online from August 19, 2016.
    24. ↑ Schengen Agreement , Federal Foreign Office, accessed on December 19, 2017.
    25. ↑ a b c Schengen Agreement ; Which countries are members of the Schengen Agreement? , Federal Foreign Office , accessed on December 19, 2017.
    26. ↑ Schengen acquis - Agreement between the governments of the states of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of controls at common borders , accessed on April 5, 2017 . In: Publications Office of the European Union (Ed.): Official Journal of the European Union . No. L 239 of September 22, 2000.
    27. ^ Treaty of Amsterdam
    28. ^ Treaty of Lisbon
    29. ↑ ECJ: C-187/01 and C-385/01. dejure.org, February 11, 2003, accessed February 8, 2015 .
    30. ^ Confetti, fireworks and balloons for Europe . In: Die Welt , December 21, 2007
    31. ↑ Text of the agreement between the Swiss Confederation, the European Union and the European Community on the association of this state with the implementation, application and development of the Schengen acquis , accessed on May 13, 2015.
    32. ↑ Introduce the Schengen system in stages . In: Neue Zürcher Zeitung
    33. ^ Liechtenstein Embassy in Brussels: Liechtenstein ratifies Schengen. (No longer available online.) Portal of the Principality of Liechtenstein, January 14, 2009, archived from the original ; Retrieved February 8, 2015 .
    34. ↑ «Schengen» moved closer again Article on nzz.ch from September 26, 2008
    35. ↑ Cameras installed on the Liechtenstein border , article on drs.srf.ch from December 12, 2008 ( Memento from August 30, 2013 in the web archive archive.today )
    36. ↑ "Government issues ordinance: arrivals and departures from non-Schengen countries at the Balzers heliport are prohibited" ( Memento from November 11, 2011 in the Internet Archive ), Erik Purgstaller (government employee), June 24, 2008.
    37. ↑ FAQ Liechtenstein's accession to Schengen ( memento of January 24, 2011 in the Internet Archive ), Government of the Principality of Liechtenstein, accessed January 1, 2011
    38. ↑ Big step towards Schengen. In: Liechtensteiner Volksblatt . February 15, 2011 ( volksblatt.li ).
    39. ↑ Liechtenstein passes the last Schengen examination. In: Liechtenstein Fatherland . September 23, 2011 ( vaterland.li ).
    40. ↑ Shipwreck off Lampedusa, authorities fear many deaths . In: Zeit Online , April 6, 2011.
    41. ↑ EU Commission demands explanations from Italy . ( Memento from May 7, 2011 in the Internet Archive ) In: Stern , May 3, 2011
    42. ↑ Berlusconi and Sarkozy are shaking the Schengen Agreement . In: Zeit Online , April 26, 2011.
    43. ↑ Again border controls at the German-Danish border . In: Tagesschau (ARD) , May 11, 2011.
    44. ↑ Denmark is reintroducing "permanent border control" . In: Süddeutsche Zeitung , May 11, 2011.
    45. ↑ EU Interior Minister: Border control in national hands . In: Der Standard , May 12, 2011.
    46. ↑ europarl.europa.eu
    47. ↑ Netherlands plan border controls for all cars. In: Spiegel Online. November 21, 2011 ( spiegel.de ).
    48. ↑ Germany and France want to cordon off Europe. In: Spiegel Online. April 20, 2012 ( spiegel.de ).
    49. ↑ Stricter border controls in the EU: Gift for Sarkozy, Gift for Europe In: Spiegel Online. April 20, 2012 ( spiegel.de ).
    50. ↑ Schengen area: Friedrich calls for stricter border controls In: Spiegel Online. April 3, 2012 ( spiegel.de ).
    51. ↑ Adoption of the amendment to the Schengen Borders Code / adjustments to AsylG and AuG. State Secretariat for Migration SEM, November 20, 2013, accessed on April 15, 2020 .
    52. ↑ Regulation (EU) No. 1051/2013 of the European Parliament and of the Council of 22 October 2013 amending Regulation (EC) No. 562/2006 in order to establish common rules for the temporary reintroduction of controls at internal borders in exceptional circumstances . In: Official Journal of the European Union. November 6, 2013, accessed April 15, 2020 .
    53. ↑ Lichtenstein as an example ?: Gibraltar is considering joining the Schengen area . In: Frankfurter Allgemeine Zeitung . January 19, 2020 ( faz.net ).
    54. ↑ Inside and outside. ( Memento from September 30, 2007 in the Internet Archive ) In: jungle-world.com, June 15, 2005.
    55. ↑ Andrea Dernbach: Can Schengen still be saved? EU Commissioner Dimitris Avramopoulos fears that Europe will fail because of border controls. In: Der Tagesspiegel, April 10, 2019, p. 5.