2691115301_f3b8699d5a_b.jpg
Justice & Home Affairs
‘Schengen’
Area of freedom, security and justice
Police cooperation
AFSJ
External Border Control
Assigned readings for this session:
•Vermeulen & De Bondt (2014),  pp. 15-25, 28-47
•Mortera-Martinez (2016), 1-12




●position paper on assigned topic & in-class presentation (42%)
●topic of the paper answers the question as presented for each class
●paper serves as position taking for (in-class) debate
●Presentation  will be held after each lecture
●Presentation is around 15 minutes (followed by a debate)
●Written exam (42%)
●consist of 4 open questions based upon assigned readings – students will choose from 6 questions,
2 questions can be dropped
●Participation in classes (16%)
●active participation during ‘travel debates’
Grading and assignments

2691115301_f3b8699d5a_b.jpg
‘Schengen’
Origins
Schengen ‘acquis’
‘Flanking’ policies
Integration into EU
Variable geometry
Origins and ‘acquis’
•Schengen Agreement
•Schengen Implementation Convention (SIC)
•Flanking measures
•
•‘Area of Freedom, Security and Justice’ (AFSJ)
Variable geometry
•‘Non-EU –Schengen’ and
•‘Non-Schengen EU’
‘Schengen Integration’ Protocol to Amsterdam Treaty

●‘Schengen’ is abolition of border controls on the movement of persons within the EU
●prompted by the creation of internal market
●the 1984 (Franco-German) Saarbrucken Agreement
●The 1985 Schengen Agreement
●the 1990 Schengen Implementation Convention (SIC)
●
●initially as a separate system outside EU law (until 1999): the ‘Schengen acquis’
●
●Schengen as the ‘core’ of justice and home affairs
●
●
Origins: ‘Schengen’

●The Schengen ‘core’ and its ‘flanking’ policies
●a ‘border-free area’ and, as a corollary:
●external border control
●common visa  and asylum policies
●policy and judicial cooperation
●
●Integration of ‘Schengen acquis’ (1997)
●the ‘acquis’: the ‘package’ of all decisions, conventions, etc.
●‘Integration’ Protocol to Amsterdam Treaty
●actual integration: done in piecemeal steps
●
●‘Area of Freedom, Security and Justice’ (AFSJ)
●divided across two different EU pillars in 1997
●reunited in 2011 (Lisbon Treaty)
Schengen ‘acquis’

●‘Schengen’ and AFSJ have become a tailor-made process to suit the different tastes of member
states
●
●‘Non-EU-Schengen’ member states
●Schengen cooperation agreements with Norway, Iceland (1996)
●Switzerland and Liechtenstein in 2009
●COMIX (no voting rights, only recommendations)
●
●‘Non-Schengen’ EU member states
●Opt-out arrangements for UK, Ireland
●Denmark: opt-in position
●Bulgaria, Romania,Cyprus (though formally member) are not part of the Schengen free-travel area
●Croatia has become full member since March 2021
‘Variable geometry’ in JHA

Leading statement for in-class debate of tomorrow:
Member states should (continue to) be able to participate in the JHA field through ‘opt-in’ and
‘opt-out’ arrangements

END
Santino Lo Bianco PhD
Email: santinolobianco@outlook.com
•