Schengen Convention

Schengen (Agreement and Convention) and the Treaties of the European Union

Description of Schengen (Agreement and Convention) provided by the European Union Commission: By the Agreement signed at Schengen on 14 June 1985, Belgium, France, Germany, Luxembourg and the Netherlands agreed that they would gradually remove their common border controls and introduce freedom of movement for all nationals of the signatory Member States, otherMember States or third countries. The Schengen Convention was signed by the same five States on 19 June 1990 but did not enter into force until 1995. It lays down the arrangements and guarantees for implementing freedom of movement. The Agreement and the Convention, the rules adopted on that basis and the related agreements together form the “Schengen acquis”. A protocol to the Treaty of Amsterdam governs the incorporation of the Schengen acquis into the Treaties. In order to provide a legal basis, incorporation entailed dividing the Schengen acquis under the first pillar (Visas, asylum, immigration and other policies related to the free movement of persons) or the third pillar (Provisions on police and judicial cooperation in criminal matters). The legal incorporation of Schengeninto the Union was accompanied by integration of the institutions. The Council took over the Schengen Executive Committee and the Council's General Secretariat took over the Schengen Secretariat. The protocol annexed to the Treaty of Amsterdam states that the Schengen acquis and the rules adopted by the institutions on the basis of thatacquis must be adopted in their entirety by all applicant countries. The Schengen area has gradually expanded: Italy signed up in 1990, Spain and Portugal in 1991, Greece in 1992, Austria in 1995 and Denmark,Finland and Sweden in 1996. Iceland and Norway are also parties to the Convention. Ireland and the United Kingdom are not parties to the agreements, but, under the protocol to the Treaty of Amsterdam, they may take part in some or all of the provisions of this acquis. Moreover, although already a signatory to the Schengen Convention, Denmark may choose in the context of the European Union whether to apply any new decision taken on the basis of the Schengen acquis. In the European Constitution currently being ratified, the provisions relating to the area of freedom, security and justice are amplified by a series of protocols, relating in particular to the Schengen acquis and the special positions of certain Member States (United Kingdom, Ireland andDenmark). Among other innovations:

• the scope of the Protocol on the position of the United Kingdom and Ireland is extended to police cooperation;

• the opt-out in the Protocol on the position of Denmark is maintained. To encourage Denmark to waive its opt-out, there is an Annex with an intermediate scheme between the opt-out and full application of Union law.

More about Schengen (Agreement and Convention) and the Treaties of the European Union

The Schengen area has gradually expanded: Italy signed up in 1990, Spain and Portugal in 1991, Greece in 1992, Austria in 1995 and Denmark,Finland and Sweden in 1996. Iceland and Norway are also parties to the Convention. Ireland and the United Kingdom are not parties to the agreements, but, under the protocol to the Treaty of Amsterdam, they may take part in some or all of the provisions of this acquis. Moreover, although already a signatory to the Schengen Convention, Denmark may choose in the context of the European Union whether to apply any new decision taken on the basis of the Schengen acquis. In the European Constitution currently being ratified, the provisions relating to the area of freedom, security and justice are amplified by a series of protocols, relating in particular to the Schengen acquis and the special positions of certain Member States (United Kingdom, Ireland andDenmark). Among other innovations:

Resources

See Also

Popular Treaties Topics

• Treaties of the United Nations (UN)
• Types of Treaties
• International Treaties
• Famous Treaties
• Law of Treaties
• Numbered Treaties

Schengen (Agreement and Convention) and the Treaties of the European Union

Description of Schengen (Agreement and Convention) provided by the European Union Commission: By the Agreement signed at Schengen on 14 June 1985, Belgium, France, Germany, Luxembourg and the Netherlands agreed that they would gradually remove their common border controls and introduce freedom of movement for all nationals of the signatory Member States, otherMember States or third countries. The Schengen Convention was signed by the same five States on 19 June 1990 but did not enter into force until 1995. It lays down the arrangements and guarantees for implementing freedom of movement. The Agreement and the Convention, the rules adopted on that basis and the related agreements together form the “Schengen acquis”. A protocol to the Treaty of Amsterdam governs the incorporation of the Schengen acquis into the Treaties. In order to provide a legal basis, incorporation entailed dividing the Schengen acquis under the first pillar (Visas, asylum, immigration and other policies related to the free movement of persons) or the third pillar (Provisions on police and judicial cooperation in criminal matters). The legal incorporation of Schengeninto the Union was accompanied by integration of the institutions. The Council took over the Schengen Executive Committee and the Council's General Secretariat took over the Schengen Secretariat. The protocol annexed to the Treaty of Amsterdam states that the Schengen acquis and the rules adopted by the institutions on the basis of thatacquis must be adopted in their entirety by all applicant countries. The Schengen area has gradually expanded: Italy signed up in 1990, Spain and Portugal in 1991, Greece in 1992, Austria in 1995 and Denmark,Finland and Sweden in 1996. Iceland and Norway are also parties to the Convention. Ireland and the United Kingdom are not parties to the agreements, but, under the protocol to the Treaty of Amsterdam, they may take part in some or all of the provisions of this acquis. Moreover, although already a signatory to the Schengen Convention, Denmark may choose in the context of the European Union whether to apply any new decision taken on the basis of the Schengen acquis. In the European Constitution currently being ratified, the provisions relating to the area of freedom, security and justice are amplified by a series of protocols, relating in particular to the Schengen acquis and the special positions of certain Member States (United Kingdom, Ireland andDenmark). Among other innovations:

• the scope of the Protocol on the position of the United Kingdom and Ireland is extended to police cooperation;

• the opt-out in the Protocol on the position of Denmark is maintained. To encourage Denmark to waive its opt-out, there is an Annex with an intermediate scheme between the opt-out and full application of Union law.

More about Schengen (Agreement and Convention) and the Treaties of the European Union

The Schengen area has gradually expanded: Italy signed up in 1990, Spain and Portugal in 1991, Greece in 1992, Austria in 1995 and Denmark,Finland and Sweden in 1996. Iceland and Norway are also parties to the Convention. Ireland and the United Kingdom are not parties to the agreements, but, under the protocol to the Treaty of Amsterdam, they may take part in some or all of the provisions of this acquis. Moreover, although already a signatory to the Schengen Convention, Denmark may choose in the context of the European Union whether to apply any new decision taken on the basis of the Schengen acquis. In the European Constitution currently being ratified, the provisions relating to the area of freedom, security and justice are amplified by a series of protocols, relating in particular to the Schengen acquis and the special positions of certain Member States (United Kingdom, Ireland andDenmark). Among other innovations:

Resources

See Also

Popular Treaties Topics

• Treaties of the United Nations (UN)
• Types of Treaties
• International Treaties
• Famous Treaties
• Law of Treaties
• Numbered Treaties