The Shengen Agreement and European Integration

Abstract

Since the conclusion of the Schengen Agreement, the importance of asylum and migration policy for the EU has increased significantly. "Schengen" constitutes an essential element of the freedom of movement formulated by the European Union as the central objective of its policy, i.e. the unrestricted movement of all citizens between EU member states and the freedom of establishment granted therein. Cooperation of EU member states is mainly based on the development of restrictive rules for a common border and visa policy, as well as cooperation to limit asylum immigration. Since the 1990s, tools to improve border controls have mainly consisted of regulations declaring other states “safe third countries” and “safe countries of origin and transit,” making them responsible for asylum procedures. Such regulations have often been supported by treaties with countries of origin or transit, which have not always been willing or able to guarantee human rights. Member states in their domestic policies have extensive debates and disagreements on the direction of asylum policy. While some states want to protect the rights of those seeking protection, others prioritize controlling and limiting immigration. In the early 2000s, the EU decided on minimum standards for national asylum legislation and asylum procedures, not in the interests of those seeking protection, but mainly to prevent those seeking protection from moving to find better conditions in other countries according to very different standards. . However, minimum standards have remained limited by national discretion, so differences in procedures and benefits afforded to recognized asylum seekers and refugees remain extremely wide.

Received: 25 December 2023 / Accepted: 25 February 2024 / Published: 23 April 2024