Stepping up free movement

The document titled “Schengen governance – strengthening the area without internal border control” and two accompanying legislative proposals with the following aims: “strengthening the management of the Schengen area”; “defining a European decision making mechanism to protect the common interest”. The European Commission, responding to the mandate received by 27EU countries, addressed the problem of internal mobility on the borders of the EU, “to guarantee free movement for the hundreds of thousands of EU citizens and third countries’ nationals travelling within this territory every day”. A true European system. Ensuing the many problems that have come to the fore in recent years, which worsened with the landings of immigrants from North Africa, the Executive proposed to strengthen the Schengen area, a pillar of community integration. “Particular challenges that may put the overall functioning of the Schengen area under strain need to be addressed in an effective and coordinated manner”. “‘With these proposals we are safeguarding the future of Schengen”, said Cecilia Malmström, European Commissioner for Home Affairs. “We need to ensure sound Schengen governance based on clear and transparent rules to make the system more efficient”. According to the Swedish Commissioner, the proposals submitted on September 16 “will introduce a European decision making system which will reinforce trust among Member States and will make the Schengen area better equipped to cope with future challenges and unforeseen events”. The existing rules are insufficient. “By reinforcing its European dimension we are protecting one of the most cherished achievements of the EU: the free movement of our citizens”, underlined Cecilia Malmström. In the document evaluating the system of free circulation within EU borders, whose preparatory work lasted several months, which was marked by opposing stances within the EU seat, is written: “In an area without internal borders, any challenge to the integrity of any one part of that area has direct consequences for the entire Schengen zone and for the EU as a whole”. The present system “based on an inter-governmental peer review mechanism, coupled with the possibility for individual decisions taken at national level on the exceptional reintroduction of internal border controls, has proven inefficient. More needs to be done to reinforce the management of this common space and provide adequate support to Member States confronted with critical situations”. The Commission has adopted a line that will be submitted to EU Council and Parliament. Periodical Check-ups. After having evaluated various concrete cases, including the political tug of war between France and Italy on the management of migrants from Africa, the Commission stated: “The existing tools at our disposal for monitoring and remedying weaknesses are insufficient”. Hence the idea to develop a new Schengen evaluation mechanism, that “would transform the current inter-governmental peer review approach into an EU-based Schengen governance”. Thus EU is granted greater decisional powers, notwithstanding Member States’ rights to take unilateral action to reintroduce border controls on a temporary basis (5 days) for unforeseen emergencies, (internal security and public order), after which an EU-level decision would be taken allowing for any extension. In order to control the application of free circulation rules, “support measures” can be taken coordinated by the Commission in conjunction with “experts from Member States and from FRONTEX”. “A report drawn up following each visit would identify any shortcomings and make clear proposals for remedial”, states the Commission. Another important innovation is a ”Schengen health check” that will take place twice a year with a debate in the Council and in the European Parliament.A collective approach based on solidarity. Under the new regime, a decision on the reintroduction of internal border controls for “foreseeable” events (such as an important sporting event or a major political meeting) would be taken at the European level on the basis of a proposal by the European Commission backed by a ‘qualified majority’ of Member States’ experts. The Commission envisages specific intervention if a Member State fails to adequately protect a part of the EU’s external border, based on a solidarity approach (technical and financial support by the EU). If, however, “notwithstanding these support measures, serious deficiencies persist, a decision to allow a temporary reintroduction of internal border controls can be taken” thereby avoiding unilateral decisions by individual Member States and establishing “a collective approach to protect our common interests”.