Schengen Area

The Schengen Area: A Gateway to Europe

Imagine a world where borders dissolve, and freedom of movement reigns supreme. That’s the essence of the Schengen Area, an area encompassing 29 European countries that have abolished border controls at their mutual borders, functioning as a single jurisdiction under a common visa policy.

The Birth and Expansion of Schengen

Named after the 1985 Schengen Agreement and the 1990 Schengen Convention, both signed in Luxembourg, this area was initially established by a subset of member states outside the then European Economic Community. The agreement aimed to abolish internal border controls and establish a common visa policy among EU member states.

The Current Landscape

Of the 27 EU member states, 25 are members of the Schengen Area, with Bulgaria and Romania joining since March 2024. Cyprus and Ireland are not part of the Schengen Area due to geopolitical issues or opt-outs. The area has a population of over 450 million people and an area of 4,595,131 square kilometers.

Joining the Schengen Family

Bulgaria and Romania faced delays in joining the Schengen Area due to opposition from Germany, Finland, and the Netherlands. Despite several attempts and resolutions by the European Parliament, their accession was rejected until it was approved on December 30, 2023, with border controls lifted for air and sea travel on March 31, 2024.

Austria agrees to lift land border controls with Bulgaria and Romania on November 22, 2024, as part of their full participation in the Schengen Area starting January 1, 2025. This move signifies a significant step towards greater integration within the European Union.

Non-EU Members and Microstates

The Schengen Area includes four non-EU members: Iceland, Norway, Switzerland, and Liechtenstein. These countries have land border controls lifted for Bulgaria and Romania, making travel between them seamless.

EU micro-states like Andorra, Monaco, San Marino, and the Vatican City maintain open or semi-open borders with other Schengen member countries. Ireland operates border controls despite being part of the Common Travel Area with the UK and Crown Dependencies. Cyprus is committed to joining the Schengen Area eventually but must assess its preparedness in four areas before implementation.

The Procedure for Entry

Entering the Schengen Area involves a rigorous evaluation by the European Commission, covering border control legislation, infrastructure, personal data protection, visas, deportations, police cooperation, and more. Cyprus has been delayed from implementing full control due to the Cyprus dispute and needs ‘other handling and mechanisms.’ Cyprus joined the Schengen Information System in July 2023.

Special Cases

Gibraltar was outside the EU customs union but had enjoyed free movement within the European Economic Area. A framework for a UK-EU treaty on Gibraltar’s future relationship with the European Union is being negotiated between Spain, the UK, and the EU. Chief Minister of Gibraltar Fabian Picardo anticipates that a four-year arrangement will allow Gibraltar’s port and airport entry points to be part of the Schengen Area.

Spain, as the neighboring Schengen member state, will implement the Schengen acquis for Gibraltar’s entry points. The negotiations aim to address maximized and unrestricted mobility of goods, environment, level playing field, social security coordination, citizens’ rights, data, and document recognition.

The Benefits of Schengen

The removal of controls at borders is equivalent to removing a 0.7% tariff, with costs savings increasing as the number of internal borders crossed increases. Approximately 1.3 billion crossings occur annually at Schengen borders, including 57 million related to road transport of goods worth €2.8 trillion.

The Single Administrative Document (SAD) is used for customs declarations, and traders can use TIR Convention procedures for transit operations. EORI numbers are required for export, import, or movement of goods across the EU. The Schengen Borders Code requires participating states to remove obstacles to free traffic flow at internal borders.

Temporary Border Controls

While passport stamps are not issued when traveling between Schengen member states, national identity cards or other documents may be requested at internal borders, with different rules for non-EU nationals. Hotels and commercial accommodations must register foreign citizens, including those of other Schengen states.

The Impact on Trade and Travel

Total trade between Schengen Area countries increases approximately 0.1% per year. Removing controls at borders is equivalent to removing a 0.7% tariff, with cost savings increasing as the number of internal borders crossed increases. Approximately 7 million people commute across European borders daily, with some regions accounting for up to a third of the workforce.

For flights within the Schengen Area, law enforcement agencies, airport authorities, and air carriers can only carry out security checks on passengers but not border checks. Identity checks must be used to verify identity for commercial or transport security reasons, rather than immigration status.

Temporary Border Measures

Temporary border controls can be introduced in cases of serious threats to public policy or internal security, but they cannot exceed six months for the same threat and are subject to consultation with other Schengen states. During the 2015 migrant crisis, many countries reintroduced border controls, including Germany and Sweden, which led to an orderly flow of migration but also increased difficulties for refugees.

First when transport companies had to stop foreigners on the Danish side, asylum seekers were also stopped due to EU commission declaration not acceptable checks lasted until 5/4/17. On 5/30/18, European Parliament condemned prolonged border checks between Schengen Area member countries as a statement but did nothing.

Conclusion

The Schengen Area is more than just a collection of borders; it’s a testament to the unity and cooperation among European nations. As we continue to navigate the complexities of travel, trade, and security within this vast network, one thing remains clear: the Schengen Agreement has transformed the way we move across Europe, making it easier for citizens and visitors alike to explore the continent freely.