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The Schengen Agreement is a treaty
Treaty

A Treaty is an agreement under international law entered into by actors in international law, namely states and international organizations. A Treaty may also be known as: agreement, protocol, covenant, convention, exchange of letters, etc....
 signed between five of the then ten member states of the European Community
European Community

The European Community is one of the three pillars of the European Union created under the Maastricht Treaty . It is based upon the principle of supranationalism and has its origins in the European Economic Community, the predecessor of the European Union....
 in 1985. It was supplemented by the Convention implementing the Schengen Agreement some five years later. It provided for the removal of systematic border controls between the participating countries.

The Amsterdam Treaty
Amsterdam Treaty

The Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the European Communities and certain related acts, commonly known as the Amsterdam Treaty, was signed on 2 October 1997, and entered into force on 1 May 1999; it made substantial changes to the Treaty on European Union, which had been signed at...
 incorporated the Schengen Agreements into the mainstream of European Union law.






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Schengen Monument
The Schengen Agreement is a treaty
Treaty

A Treaty is an agreement under international law entered into by actors in international law, namely states and international organizations. A Treaty may also be known as: agreement, protocol, covenant, convention, exchange of letters, etc....
 signed between five of the then ten member states of the European Community
European Community

The European Community is one of the three pillars of the European Union created under the Maastricht Treaty . It is based upon the principle of supranationalism and has its origins in the European Economic Community, the predecessor of the European Union....
 in 1985. It was supplemented by the Convention implementing the Schengen Agreement some five years later. It provided for the removal of systematic border controls between the participating countries.

The Amsterdam Treaty
Amsterdam Treaty

The Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the European Communities and certain related acts, commonly known as the Amsterdam Treaty, was signed on 2 October 1997, and entered into force on 1 May 1999; it made substantial changes to the Treaty on European Union, which had been signed at...
 incorporated the Schengen Agreements into the mainstream of European Union law. Ireland
Republic of Ireland

Ireland is an Island country in north-western Europe. The modern Sovereignty state occupies about five-sixths of the island of Ireland, which was partitioned by the British on 3 May 1921....
 and the United Kingdom
United Kingdom

The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom , the UK or Britain,is a sovereign state located off the northwestern coast of continental Europe....
 opted out of Schengen's border control arrangements, while participating in certain provisions relating to judicial and police cooperation.

The borderless zone created by the Schengen Agreements, the Schengen Area
Schengen Area

The Schengen Area is a group of twenty-five European countries which have abolished all border controls between each other. It originates from the Schengen Agreement signed in the Luxembourgish town of Schengen, Luxembourg in 1985, which has since been absorbed into the European Union....
, currently consists of twenty-five European countries.

History

While countries did issue passports prior to the First World War, systematic identity controls at borders were largely unknown and passports were unnecessary for international travel. The War and its aftermath brought with it a higher sensitivity to issues of nationality and passport controls became an ordinary feature of international travel. Notwithstanding the raising of passport controls in Europe during and after the First World War, some zones of free movement did continue.

Shortly after the creation of the Irish Free State
Irish Free State

The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand....
 in 1922, an informal agreement was reached between the British and Irish governments allowing border between the Free State and the United Kingdom
United Kingdom

The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom , the UK or Britain,is a sovereign state located off the northwestern coast of continental Europe....
 to remain open. The existence of the Common Travel Area
Common Travel Area

The Common Travel Area is a passport-free zone that comprises the Republic of Ireland, the United Kingdom, the Isle of Man, Jersey and Guernsey....
 along with the UK's unwillingness to sign the Schengen Agreement, resulted in Ireland deciding not to join the Schnegen Area.

In 1944, the governments-in-exile of the Netherlands, Belgium and Luxembourg (Benelux
Benelux

The Benelux is an union in Western Europe that comprises three neighboring countries, Belgium, the Netherlands, and Luxembourg , which lie in the north western European region between France and Germany....
) signed an agreement to eliminate border controls between themselves; this agreement was put into force in 1948.

Similarly, the Nordic Passport Union
Nordic Passport Union

The Nordic Passport Union, created in 1954, and implemented on May 1, 1958, allows citizens of the Nordic countries to cross approved border districts without carrying and having their passport checked....
 was created in 1952 to permit free travel amongst the Nordic countries
Nordic countries

File:Location Nordic Council.svgThe Nordic countries make up a region in Northern Europe and far northeastern North America, called the Nordic region, consisting of Denmark, Finland, Iceland, Norway and Sweden and their associated territories which include the Faroe Islands, Greenland and ?land....
 of Denmark, Finland, Iceland, Norway and Sweden and some of their associated territories.

The Schengen Agreement

The Schengen Agreement was originally created independently of the European Union, in part owing to the lack of consensus amongst EU members, and in part because those ready to implement the idea did not wish to wait for others to be ready to join. The United Kingdom and Denmark could not join the union, but Denmark joined later when Norway and other Nordic countries were allowed.

Inclusion of the Schengen Laws into the European Union

All states which belong to the Schengen area are European Union
European Union

The European Union is an economic and political union of 27 European Union member state, located primarily in Europe. It was established by the Treaty of Maastricht on 1 November 1993 upon the foundations of the pre-existing European Economic Community....
 members, except Norway
Norway

Norway , officially the Kingdom of Norway, is a constitutional monarchy in Northern Europe that occupies the western portion of the Scandinavian Peninsula....
, Iceland
Iceland

Iceland, officially the Republic of Iceland , is an island country located in the North Atlantic Ocean between mainland Europe and Greenland....
 and Liechtenstein
Liechtenstein

The Principality of Liechtenstein is a Landlocked country#Doubly landlocked country alpine country microstate in Western Europe, bordered by Switzerland to the west and by Austria to the east....
, which are members of the European Free Trade Association
European Free Trade Association

The European Free Trade Association was established on 3 May 1960 as a trade bloc-alternative for European states who were either unable to, or chose not to, join the then-European Economic Community ....
 (EFTA). Switzerland
Switzerland

Switzerland is a landlocked Swiss Alps country of roughly 7.7 million people in Western Europe with an area of 41,285 km?. Switzerland is a federal republic consisting of 26 states called Cantons of Switzerland....
 joined the bloc’s passport-free travel zone, the Schengen Area, in December 2008. Two EU members (the United Kingdom
United Kingdom

The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom , the UK or Britain,is a sovereign state located off the northwestern coast of continental Europe....
 and Ireland
Republic of Ireland

Ireland is an Island country in north-western Europe. The modern Sovereignty state occupies about five-sixths of the island of Ireland, which was partitioned by the British on 3 May 1921....
) have opted not to fully participate in the Schengen system (their reasons are outlined here
Schengen Area

The Schengen Area is a group of twenty-five European countries which have abolished all border controls between each other. It originates from the Schengen Agreement signed in the Luxembourgish town of Schengen, Luxembourg in 1985, which has since been absorbed into the European Union....
). The main reason that the non-EU states of Iceland
Iceland

Iceland, officially the Republic of Iceland , is an island country located in the North Atlantic Ocean between mainland Europe and Greenland....
 and Norway
Norway

Norway , officially the Kingdom of Norway, is a constitutional monarchy in Northern Europe that occupies the western portion of the Scandinavian Peninsula....
 joined was to preserve the Nordic Passport Union
Nordic Passport Union

The Nordic Passport Union, created in 1954, and implemented on May 1, 1958, allows citizens of the Nordic countries to cross approved border districts without carrying and having their passport checked....
 (see section Pre-Schengen free-travel zones in Europe).

However, the Treaty of Amsterdam incorporated the legal framework brought about meanwhile, the so-called Schengen-Acquis, by the agreement into the European Union framework, effectively making the agreement part of the EU and its modes of legislature. Amongst other things, at first the Council of the European Union
Council of the European Union

The Council of the European Union is the principal Institutions of the European Union in the European Union . It is often informally called the Council of Ministers or just the Council, the name used in the Treaties of the European Union; it is also called Consilium as a Latin-language compromise....
, later the European Parliament
European Parliament

The European Parliament is the only direct election parliamentary institution of the European Union . Together with the Council of the European Union , it forms the bicameral Institutions of the European Union#Legislature of the Institutions of the European Union and has been described as one of the most powerful legislatures in the world....
 and the Council of the European Union
Council of the European Union

The Council of the European Union is the principal Institutions of the European Union in the European Union . It is often informally called the Council of Ministers or just the Council, the name used in the Treaties of the European Union; it is also called Consilium as a Latin-language compromise....
 in the codecision procedure
Codecision procedure

The codecision procedure is the main European Union legislative procedure by which law can be adopted in the European Community, the first of the three pillars of the European Union....
, took the place of the Executive Committee which had been created under the agreement, leading to the result that legal acts setting out the conditions for entry into the Schengen Area can now be enacted by majority vote in the legislative bodies of the European Union
European Union

The European Union is an economic and political union of 27 European Union member state, located primarily in Europe. It was established by the Treaty of Maastricht on 1 November 1993 upon the foundations of the pre-existing European Economic Community....
. This also concerns the original Schengen Agreement itself, which may be altered or repealed by means of European Union legislation, without such amendments having to be ratified by the signatory states. Thus, the Schengen States which are not EU members have few options to participate in shaping the evolution of the Schengen rules; their options are effectively reduced to agreeing with whatever is presented before them, or withdrawing from the agreement. Future applicants to the European Union must fulfil the agreement criteria regarding their external border policies in order to be accepted into the EU.

Legal basis of the Schengen rules


Provisions in the treaties of the European Union

The legal basis for Schengen in the treaties of the European Union
Treaties of the European Union

The Treaties of the European Union are a set of Treaty between the Union's Member State of the European Union which sets out the Constitution of the European Union ....
 has been inserted in the Treaty establishing the European Community through Article 2, point 15 of the Treaty of Amsterdam. This inserted a new title named "Visas, asylum, immigration and other policies related to free movement of persons" into the treaty, currently numbered as Title IV, and comprising articles 61 to 69. The Treaty of Lisbon
Treaty of Lisbon

The Treaty of Lisbon of 1668 was a peace treaty between Portugal and Spain, concluded at Lisbon, February 13, 1668, by the mediation of England, in which Spain recognized Portuguese independence....
 substantially amends the provisions of the articles in the title, renames the title to "Area of freedom, security and justice" and divides it into five chapters, called "General provisions", "Policies on border checks, asylum and immigration", "Judicial cooperation in civil matters", "Judicial cooperation in criminal matters", and "Police cooperation".

Two Schengen agreements

The two agreements which are commonly referred to as Schengen Agreement are:
  • The 1985 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 checks at their common borders, also known as Schengen I, which provided for simple visual surveillance of private vehicles crossing the common border at reduced speed, without requiring such vehicles to stop. Persons who did not have to meet specific requirements at internal borders, as, for example, visa requirements, could use this fast lane procedure by affixing to the windscreen a green disc measuring at least eight centimetres in diameter.
  • The 1990 Convention implementing the Schengen Agreement of 14 June 1985 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 checks at their common borders, also known as Schengen II or CIS.


These two agreements have been republished in the Official Journal of the European Communities through the Council decision concerning the definition of the Schengen acquis and form the most important part of the secondary legislation regarding Schengen of the EU.

European Union Regulations

Other relevant legal texts which form part of the Schengen laws include:
  • The Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), repealing the parts of the Convention Implementing the Schengen Agreement, dealing in detail with border controls and the prerequisites for entry by third-country nationals;
  • The Council Regulation (EC) No 539/2001, dealing with the visa requirement for short stays in the Schengen area according to nationality;
  • The Council Regulation (EC) No 693/2003, which deals with the transit from the main part of Russia to the Kaliningrad area;
  • The Common Consular Instructions on Visas for the Diplomatic Missions and Consular Posts, which contains rules of procedure for the issuance of visa;
  • The Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas;
  • The Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II), governing the introduction of the second generation of the Schengen Information System.
  • The Council Regulation (EC) No 343/2003, dealing with the question which member state is responsible to handle an asylum request lodged by a third-country national, also referred to as Dublin II;
  • The Commission Regulation (EC) No 1560/2003, setting out detailed procedures for the application of the Dublin II regulation.


Legislators of Schengen rules

The amended Treaty establishing a European Community specified that during a five year transitional period following the entry into force of the Treaty of Amsterdam (1 May 1999) the Council
Council of the European Union

The Council of the European Union is the principal Institutions of the European Union in the European Union . It is often informally called the Council of Ministers or just the Council, the name used in the Treaties of the European Union; it is also called Consilium as a Latin-language compromise....
 could adopt Schengen rules only unanimously after a proposal from the European Commission
European Commission

The European Commission is the executive of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Treaties of the European Union and the general day-to-day running of the Union....
 or on the initiative of a Member State. The European Parliament
European Parliament

The European Parliament is the only direct election parliamentary institution of the European Union . Together with the Council of the European Union , it forms the bicameral Institutions of the European Union#Legislature of the Institutions of the European Union and has been described as one of the most powerful legislatures in the world....
 was only to be consulted
Consultation procedure

The Consultation procedure is one of the European Union Law#Legislative procedures of the European Community, the 1st of the three pillars of the European Union....
.

After this five year transitional period, the Council would make a unanimous decision to legislate in the future certain or all Schengen rules under the codecision procedure
Codecision procedure

The codecision procedure is the main European Union legislative procedure by which law can be adopted in the European Community, the first of the three pillars of the European Union....
, which gives the European Parliament equal power to the Council. The Council did so with the Council Decision of 22 December 2004 providing for certain areas covered by Title IV of Part Three of the Treaty establishing the European Community to be governed by the procedure laid down in Article 251 of that Treaty. As from 1 January 2005, virtually all Schengen rules are thus legislated by both the Parliament and the Council.

See also

  • European Commission
    European Commission

    The European Commission is the executive of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Treaties of the European Union and the general day-to-day running of the Union....
  • Maastricht Treaty
    Maastricht Treaty

    The Maastricht Treaty was signed on 7 February 1992 in Maastricht, the Netherlands after final negotiations on December 9, 1991 between the members of the European Community and entered into force on 1 November 1993 during the Delors Commission....
  • Kaliningrad Oblast
    Kaliningrad Oblast

    Kaliningrad Oblast Kaliningrad Oblast forms the westernmost part of the Russian Federation, but it has no land connection to the rest of Russia....
     an exclave of Russia
    Russia

    Russia , or the Russian Federation , is a list of countries spanning more than one continent country extending over much of northern Eurasia....
     surrounded by Lithuania
    Lithuania

    Lithuania , officially the Republic of Lithuania is a country in Northern Europe, the southernmost of the three Baltic states. Situated along the southeastern shore of the Baltic Sea, it shares borders with Latvia to the north, Belarus to the southeast, Poland, and the Russian exclave of Kaliningrad Oblast to the southwest....
     and Poland
    Poland

    Poland , officially the Republic of Poland , is a country in Central Europe. Poland is bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian Enclave and exclave, to the north....


External links

  • – SpainExpat.com
  • – eurotopics
  • – European NAvigator
    European NAvigator

    European NAvigator is an educational platform providing a wealth of information about the history of Europe and its institutions since 1945. It focuses particularly on the development of a united Europe....
  • – EUR-Lex
    EUR-Lex

    EUR-Lex is a service on the official website of the European Union, Europa . It provides legal texts of the union.EUR-Lex provides direct free access to European Union law....
  • – European Commission
  • – SchengenSpace.com
  • – Travel Insurance for Visiting Schengen States