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The Schengen space and as arises
The Schengen space is formed by an area of 26 different European countries, which recognized the inner suppression of borders with other member countries, for the free movement of people without restrictions, as well as capital and goods and services, in accordance with common rulesOn external border controls, undertaking the fight against crime through a reinforcement of the common judicial system and police cooperation.
The idea of circulating freely between European countries was already a claim in the Middle Ages. However, this aspiration did not begin to be treated with Tyson until the end of World War II. But because of the existence of two opposite currents in Europe, in which one was in favor of ceasing to be border controls between countries and another that was totally against that idea, it was not until the eighties when certain certain began to be perceivedActions for its realization.
They were Germany and France the first countries that were aimed at the idea of free circulation, until they agreed to take this idea to higher levels, thus, on June 17, 1984 they introduced it to the framework of the Council of Europe of Fontainebleau, where, byAll, the details of the necessary conditions for the free movement of citizens were approved, culminating on June 14, 1985 with the signing of the Schengen agreement, where the progressive suppression of the interior borders between countries and greater control inThe outer borders. The agreement was signed by Germany, Belgium, France, Luxembourg and the Netherlands.
Subsequently, on June 19, 1990, an agreement was signed for the specific application of the Schengen agreement, an agreement that included matters concerning the elimination of controls on the interior borders, indication of the procedures for the issuance of the uniform visa and theCreation of a unique database for all members, the so-called Schengen-Sis information system.
The Schengen space continued in expansion, joining Italy in 1990, Spain and Portugal in 1991 and Greece in 1992.
The effective application of the Schengen space finally began on March 26, 1995, when France, Germany, Belgium, Luxembourg, the Netherlands, Portugal and Spain arranged to suppress their controls on the interior borders. From here, rapid development and expansion was experienced, joining Austria in April 1995 and Denmark, Finland, Iceland, Norway and Sweden in December 1996, suppressing more interior border controls.
The extension continued with Greece that was incorporated January 2000 and followed Denmark, Finland, Sweden, Iceland and Norway joining in March 2001. In April 2003, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia were incorporated. Subsequently, Switzerland did the same in October 2004.
Community of Schengen space
The adoption of Amsterdam treaties: the Treaty of the European Union, whose title VI is established, “provisions related to police and judicial cooperation in criminal matters” and that essentially deals with the Europol and a closer close judicial cooperation. And the constitutive treaty of the European Community, with its title IV, “Visa, Asylreferred to the third pillar, providing norms such as the introduction of the initiative of a Member State (Title IV of the TCE);- The integration of Schengen’s collection into the treaties;- The adoption of four protocols in the matter:
a) Protocol by which Schengen’s collection is integrated into the framework of the European Union;
b) Protocol on the application of certain aspects of article 14 of the Constitutive Treaty of the European Community to the United Kingdom and Ireland;c) Protocol on the position of the United Kingdom and Ireland;
d) Protocol on the position of Denmark;-Article 30 of the TUE includes operational police cooperation between the different police services, customs and other specialized national authorities “in relation to the prevention, location and investigation of criminal acts” (European Parliament, 11-2000) 12. Schengen’s provisions and those established in Title IV of the TCE do not concern the same field of action (for example, Title IV provides for the temporal protection of refugees, which does not contemplate the Schengen agreement). In the same way, the measures related to the field of infractions cooperation are attributed now to Title VI of the TUE and, again, the field of action of the provisions of Schengen and the rules of the treaty diverge.
It is interesting to note that the European Commission, the basis of the Union, acquires the right of initiative in all these matters, which lacked until that time. It becomes a kind of general controller and can appeal to the Court of Luxembourg. In the event that the Council makes decisions of a normative nature and when it transfers issues to Title IV of the TCE to communicate them, systematic advice (suggestions, questions) of the European Parliament is planned. This institution has a budget control available to the Council. Finally, police and judicial cooperation continues to belong to the third pillar of the TUE and its application will continue to be subject to the unanimous decisions of the ministers. Several articles of the TCE allow most Member States to establish a “reinforced cooperation”, provided that such cooperation intends to promote the objectives of the Union and does not affect the community collection. On the other hand, this “flexibility” formula allowed 13 countries to integrate with a protocol “the Schengen’s collection” in the treaties.
The operation of the Schengen space and the particular situation of COVID-19
Integration to common space contributed more transparency legitimacy and greater institutional control of the provisions of treaties.
In times of crisis such as the current of COVID-19 and others already past, they should serve to warn certain disagreements. Unilateral decisions without coordination, founded only on matters, considerations and only national interests, fall apart sooner than later, because they will be overwhelmed by events. With the situation of the current pandemia that has caused the states of Europe to close their borders, putting their situation before that of others, it could be considered as a lack of solidarity. However, in the EU it has acted as everywhere, responding to the propagation of this pandemic closing its borders, controlling the displacements, braking international cooperation and retreating on itself visible. This supposed lack of cooperation and solidarity between countries can raise certain problems, such as hospitals saturation, difficulties for transferring their patients to beds available on the other side of the border and the supply of precise medical material for the fight against pandemicslow down or even interrup. A crisis of this dimension necessarily shakes institutions, however, the transcendental would be to maintain solidarity between states.
It is unquestionable that managing this crisis has required to be used with maximum energies, decomposing the normal development of European institutions and, as in member countries, parliamentary activity has temporarily been suspended and the Schengen space has been suspended, the Schengen space has been suspended,as authorized in treaties.
The isolation of the nations and the closure of borders in a health crisis of this size and the Europeans, as well as to a greater or lesser extent, have made the rest of the world, have acted together in the same way, closing their interior borders, closing their interior borders, closing their interior bordersIn the Schengen space.
The obvious is that, given this emergency situation we have seen how the trend has been rather to go by their side. Social distancing and temporary suspension of the border crossing should not mean lack of solidarity between EU member states. This has suggested that European building has not yet reached the level of full community, where fundamental matters of life or death can be raised in case of serious fatality. However, we must trust that this adversity serves as an example for Europeans to perce. The duty of Europe is to protect its citizens, and to carry it out with guarantees, common institutions that are strong enough and legitimate are required to allow the common interest to arise.
Schengen information system and its peculiarities
The Schengen Information System (SIS) is the shared information database between the Schengen Space countries and the European Union to maintain security at international borders. The European Commission supports it.
The SIS was established in 1990 after the abolition of controls on the internal borders of the Schengen space. The current system, known as SIS II, was adopted in 2006 and works since 2013.
They are currently members of the SIS: 22 EU countries, which are also members of the Schengen space, 4 associated countries that are not part of the EU, but Schengen and 4 EU countries, which do not belong to Schengen, butparticipate in SIS with special conditions. Ireland and Cyprus are not members of the SIS.
The Schengen information system can be used by the authorities from different countries, such as police and border control agents. Information about individuals or objects can be added to this database for security purposes and these authorities can verify these information in all other participating countries.
Schengen’s information system exists to keep Europe safe. In the absence of internal border controls between the countries of the Schengen area, the SIS is used to help the Member States to maintain security, cooperating as follows:
- Border control cooperation: Border control authorities can create alerts with respect to nationals from non -Schengen countries trying to enter the Schengen area.
- Police cooperation: alerts about missing persons and on individuals and objects of interest to criminal investigation can be created.
- Cooperation in the Vehicle Registry: information about vehicles, registration plates and registration certificates can be shared among the different national authorities.
These alerts are shared in all participating countries, allowing multiple authorities to identify and/or locate people or objects of interest, working together if necessary. In essence, a customs, police, judicial or administrative authority of a country can generate an “alert” where the person or the object that is being sought is described. Among others, an alert can be generated for the following reasons:
- Rejection of entry or permanence in the EU of nationals of third countries
- People sought for your arrest
- Missing people
- People sought to help with a judicial procedure
- Descriptions of people and objects necessary for certain controls
- Descriptions of objects for seizure or use as evidence in a criminal procedure
- Alerts about citizens not belonging to the EU subject to a repatriation decision
- Alerts about unknown people sought to identify suspects of serious crimes and terrorism
- Preventive alerts about vulnerable children and adults at risk of kidnapping
- Descriptions of people and objects necessary to make certain verifications
As for the type of information offered by the SIS, it refers to:
- Data to identify people or objects subject to an alert, even when photographs and digital footprints are available
- Links between alerts (for example, between an alert about a person and a vehicle)
- Greater use of biometric data included fingerprints, palm trees and facial images.
- DNA profiles for missing people in the absence of photographs, facial images or fingerprints suitable for identification.
The authorities can use the system to verify alerts in individuals or particular elements or create new alerts after an incident to monitor people or objects in question. Currently, the Schengen information system can be used by the following authorities in member countries:
- National Border Control Authorities
- Police authorities
- Customs authorities
- Judicial authorities
- Immigration and visa authorities
- Vehicle registration authorities
- Eurojust and Europol that will receive access to all alert categories in SIS
- Vessel and aircraft registration authorities.
- The teams that work within the framework of the Regulations of the European Agency of the Border and Coasts Guard.