With the development of the Schengen Agreement, the ministries in the Schengen states responsible for border management have gradually expanded the border line to become a border area. This means that the borders are no longer only surveilled at the line of demarcation between two states, but that the surveillance reaches further into the interior of the country and in doing so becomes increasingly less directly concerned with the border line. In 1998, the Austrian presidency placed this development on the agenda and suggested the concept of "concentric circles".
Freedom of Movement within the "Hard Core"
The Schengen states stand in the center of European border policies — persons are not controlled at their common border checkpoints. However the Schengen external borders are intensively surveilled according to common standards. The legal basis for this is the so-called Schengen Borders Code (Regulation 562/2006). This piece of legislation applies not only for citizens of the Schengen or EU states, but for everyone legally staying in this core, that is, in the Schengen area.
The freedom of movement of persons without controls was originally at the heart of the Schengen cooperation from which border policy has developed. This freedom of movement without controls is broadly considered one of the most important achievements of European integration. In recent years, however, it can be observed that this achievement has been in danger. In 2011, several Schengen states have demanded to facilitate the reintroduction of controls at their common borders. The incident that spurred this discussion was that Italy had given a large number of residence permits on humanitarian grounds to refugees who had crossed the Mediterranean, which enabled them to then travel further on into France.
Surveillance – Controls – Security: Is it all the same?
Generally, there is a difference between controls and surveillance. People, their documents and goods are controlled at border crossing stations, when entering by car at border checkpoints, by airplane at the airport or by ship in the harbor. The border areas between border checkpoints are surveilled. These areas are commonly known as "green borders" (forests, fields) or "blue borders" (sea). The goal of surveillance is the avoidance of people "bypassing the border checkpoints" (Schengen Borders Code).
Together, controls and surveillance are referred to as external border security or external border management.
Before border controls were abolished, the border lines between two Schengen countries were clearly visible as there were fences or walls. After the border controls were abolished, the fences and walls were also removed. However, the national borders themselves remained and were surveilled.
Border and Immigration Control Measures in the "Extended Core"
Surrounding the "hard core" is the extended core, which includes the EU states that are not members of the Schengen Agreement. These are on the one hand, states that do not wish to participate such as Great Britain or Ireland, and on the other hand EU states that have not (yet) joined the Schengen territory, such as Bulgaria, Romania, Cyprus and the new Member State, Croatia
Entry Conditions and Control Measures
The EU differentiates categories of incoming third-country nationals according to the form and legal status of their entry:
business travelers or tourists, who, just like EU citizens, are allowed to enter and stay for 90 days without prior authorization, for example citizens of Singapore, the USA or Chile;
business travelers or tourists who need entry authorization (a visa);
persons who flee to the EU because their safety is threatened and they therefore request protection (asylum);
persons who come from a state obliged to obtain a visa and anticipate that they will not be granted one and therefore enter illegally.
The EU allows special control measures for each of these groups, which are explained in more detail in the following paragraphs.
Visas
In order to be able to keep the internal borders open, the EU states agreed on common conditions to entry into their common territory, that is, in EU territory. For one, this includes a determination of those states whose citizens must apply for a visa if they wish to enter Schengen/EU territory as well as a list of those who are exempt from the visa requirement.
From 2004 onwards, the EU had the Visa Information System (VIS) developed in order to check whether a person has already applied for a visa before. The VIS serves as a hindrance for so-called "visa shopping". Visa shopping occurs when nationals from third countries apply for visas in multiple EU countries as a result of previously being refused a visa in another EU Member State. The VIS, however, can be used not only by immigration offices such as the German Federal Office for Migration and Refugees (BAMF), but now also by security agencies such as the police thanks to the Decision “concerning access for consultation of the VIS by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences” (VIS Decision) which entered into force on 1 September 2013.
Asylum
People who are persecuted in their country have the right to apply for asylum in the EU (Directive 2011/95/EU).
To determine whether an asylum seeker has already previously submitted an application, the EC implemented the EURODAC database (lat. dactylos — finger), which stores the fingerprints of every asylum seeker. If a person submits an application for asylum, he or she is required to be fingerprinted. The authorities are then able to determine through the system whether that person has already filed for asylum in any other EC (today EU) country. If this is the case, or if the authorities can prove that the asylum seeker entered the EU via another country, then he or she is "transferred" back to that country. An exception here at the moment is Greece. The German federal government decided in 2011, before the Federal Constitutional Court had decided on a pending claim, not to send asylum seekers that had entered via Greece back for the asylum process given the inhuman conditions that the asylum seekers had to live under in Greece.
Border and Immigration Control Measures in the "Neighboring Zones"
All neighboring states of the EU as well as all non-EU countries are designated as third countries. This includes countries with accession prospects as well as those without. While safe third countries and the country of origin regulation are measures of immigration control,
Border regimes with neighbors with the prospect of accession
For EU neighboring countries with the prospect of accession, this trade is clearly defined. Having the prospect of accession means that the country receives signals from the EU that it will one day have the opportunity to become an EU Member State.
Under the term pre-accession instruments the EU and its Member States offer the accession candidates numerous instruments, or forms of assistance for the preparation of their accession to the EU. These instruments are composed of monetary support, competencies, and facilities. Using the example of the last large EU enlargement in 2004, this system of instruments can be briefly outlined as follows:
Monetary support: Accession states were supported by the EU through the PHARE program
Schengen Facility for Bulgaria and Romania
Article 32
(1) A Cash-flow and Schengen Facility is hereby created as a temporary instrument to help Bulgaria and Romania between the date of accession and the end of 2009 to finance actions at the new external borders of the Union for the implementation of the Schengen acquis and external border control and to help improve cash-flow in national budgets.
(2) For the period 2007-2009, the following amounts (2004 prices) shall be made available to Bulgaria and Romania in the form of lump-sum payments under the temporary Cash-flow and Schengen Facility (EUR million, 2004 prices):
2007 | 2008 | 2009 | |
Bulgaria | 121,8 | 59,1 | 58,6 |
Romania | 297,2 | 131,8 | 130,8 |
Source: Treaty concerning the accession of the Republic of Bulgaria and Romania to the European Union, Externer Link: http://eur-lex.europa.eu |
Capacities: The EU provides the means with which the EU Member States can support candidate states in preparing for accession through so-called Twinning. These Twinning measures are partnerships of an EU country with a candidate country to support the building up of border security according to Schengen standards. The measures are chiefly made up of equipment assistance (e.g. devices and facilities) and training, of which EU countries have made active use and not least, this has given them the opportunity to make their own security concepts, methods and technology accessible to the central and eastern European countries, all which differ considerably from those of the other EU countries.
Facilities: Through the program "Argo", the EU supported not only the training of border management experts, but also the construction of operative centers for the securing of the border.
Germany was especially involved in the events leading up to the "large round of enlargement" of ten central and eastern European countries
Application for EU Membership
According to the Treaty on European Union, every European country that holds the values of the EU may submit a membership application (Art. 49). To be accepted by the EU, an "accession candidate" must implement all applicable EU regulations and measures (acquis communautaire). Border policies have been included in the acquis communautaire since 1999. This means an accession candidate may not accede to the EU before it can first prove that its external borders are secured according to the current EU standards in addition to all other requirements that must be fulfilled.
Border regime with neighbors without prospects of accession: European Neighboring Policies and Mobility Partnerships
Firstly, there are also European countries that do not (yet) have any prospect of accession (for example Belarus, the Ukraine, or the Republic of Moldova) and then there are the southern neighboring states of the EU--the Mediterranean countries
These "privileged relationships" were initially established in the so-called European Neighborhood Policy
Set up democratic structures and good governance,
Reform laws and establish capacities in the administration, and
Implement measures for the reduction of poverty.
Furthermore, the EU makes agreements with these states to facilitate the issuances of visas for their citizens and to deepen trade relations with them.
Surveillance of the Entire Mediterranean Region: EUROSUR
For the time being, the last stage of the geographic expansion of border surveillance is the EU’s plan to monitor its external borders in the Mediterranean Sea with satellites from space. The surveillance system is called Eurosur and is managed by Frontex. Since December 2013 it has been operable in EU states with external borders shared with Eastern Europe or on the Mediterranean Sea. In the other countries (Germany, among others) it will begin operation a year later.
Eurosur is a pan-European border surveillance system that, according to the EU, pursues three objectives:
Reduce the number of illegal entries into the EU,
Reduce the number of migrants who drown on their passage over the sea, and
Increase the internal security of the EU by preventing serious crime at the external borders of the Schengen area.
Frontex will use Eurosur to collect data from the satellite surveillance of EU borders as well as ship reporting systems such as the Automatic Identification System (AIS) and the Vessel Monitoring System (VMS) as well as from both manned and unmanned drones.
This text is part of the policy brief on