EU Commission Proposes New Schengen Area Rules

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The European Union’s Commission has unveiled today a proposal for the update of the Schengen Area Borders’ Code, in a bid to make the borderless Schengen Zone more resilient towards future challenges, which in the past have threatened its existence.

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Unfolding the new proposed rules of the Schengen Area, the Commission has amongst others recommended making the reintroduction of internal border controls a measure of last resort, and instead, managing external borders more efficiently.

The targeted changes will bring greater EU coordination and better equip Member States to deal with emerging challenges when managing both the EU’s common external border and internal borders within the Schengen area,” the EU Commission notes in a press release issued regarding the proposal.

Commenting on the proposal the Vice-President for Promoting our European Way of Life, Margaritis Schinas, brought up the refugee crisis of 2015 in Europe, the terrorist attacks throughout the borderless area, as well as the COVID-19 pandemic as some of the biggest challenges that the Schengen Area countries have faced in the recent years.

We have a responsibility to shore up Schengen’s governance and make sure Member States are equipped to ensure a rapid, coordinated and European response to situations of crisis, including where migrants are instrumentalised,” he said, asserting that today’s proposal will help the member states fortify the Schengen Area, calling it the ‘crown jewel’ of the EU.

Ylva Johansson, EU Commissioner for Home Affairs, also brought up the challenges brought by the Coronavirus, asserting that the pandemic showed the importance of the Schengen Area for the EU economy and society.

The main changes that the Commission intends to make to the Schengen Border Codes are as follows:

  • Reintroduction of border controls: The Commission intends to make internal border controls a last measure to deal with a situation, by pushing the member states to evaluate the situation more, as well as its impact on the freedom of movement before doing so. In cases when border controls remain in place for more than 18 months, the Commission will get involved to assess whether they are necessary.
  • Promoting alternative measures: The Commission is proposing to the Member States to use alternative forms of enhancing security in their territory, in the form of increased police checks in border regions.
  • Tackling unauthorised movements within the Schengen Zone: A new procedure will be created in order to address the unauthorised movements during joint police operations.

The new Schengen Border Codes also foresees new measures Member States can take to manage the EU’s external borders effectively, in particular in cases when migrants are instrumentalised for political purposes, like it has recently been happening at EU’s borders with Belarus.

Finally, the Commission has suggested more measures under the EU asylum and return rules, i.e. through the possibility to extend deadline of registration for asylum applications up to four weeks and to examine at the border all asylum applications, except for medical cases.

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