The Commission proposes to review the rules of the Schengen area in order to be able to react “quickly” to future health or migration crises
A new mechanism that allows the rapid and coordinated locking of both internal and external borders in the face of future health or migration crises. That is the ultimate objective pursued by the revision of the rules of the Schengen area on which the European Commission is committed in a project presented yesterday that, in essence, seeks to prevent the reproduction of that ‘for himself who can’ that was evidenced in the first months of the pandemic or the unilateral border control measures that are still maintained today in countries such as France, Denmark, Sweden or Germany.
“The 2015 refugee crisis, the avalanche of terrorist attacks on European soil and the global Covid-19 pandemic have put pressure on the Schengen area. We have a responsibility to strengthen their governance and to ensure that Member States are equipped to ensure a rapid, coordinated and European response to crisis situations, including those where immigrants are instrumentalized. ‘ With these words, Margaritis Schinas, commissioner responsible for the Promotion of Our Lifestyle, has justified the package of common measures that is put on the table.
A modification of the Schengen Borders Code to “guarantee that there are solid coordination mechanisms” in the face of health threats or migratory crises, it is insisted. Brussels would have a greater capacity for action to coordinate the Member States. And, when it comes to potential new health threats, for example, it would rely on recommendation reports from the European Center for Disease Prevention and Control (ECDC).
The reintroduction of internal controls among members is seen as “a measure of last resort”
From there, ‘temporary’ travel restrictions outside the EU could be established. Although the possibility of returning to the common territory of all European citizens and their families would be maintained. This measure would also imply that all member states abide by the list of destinations that can be considered safe, something that has not happened despite the fact that there is such a list that even emerged from the consensus among the Twenty-seven.
As regards the reintroduction of internal border controls, it is emphasized that this possibility must always be “a measure of last resort”, but at the same time mechanisms are provided with which to achieve the fine balance between coordination and flexibility. Something complex if one takes into account that capitals are reluctant to give up sovereignty in aspects as sensitive as the management of their borders. And with the proposal, Brussels demands many explanations from them. From the outset, any Member State that decides to choose this route must assess its “suitability and likely impact on the free movement of persons”. Also the impact “in border regions.”
Selective controls
Furthermore, a Member State considering prolonging checks in response to foreseeable threats “should first assess whether alternative measures such as targeted police checks and enhanced police cooperation might be more appropriate”. The Commission proposes that a risk assessment be provided for extensions of more than 6 months. And that when the internal controls have been in force for 18 months, it is given the power to issue an opinion on “the proportionality and necessity” of maintaining that measure. In all cases, temporary border controls should not exceed a total period of two years, unless very specific circumstances exist.
Another of the proposed measures affects the movements of migrants in an irregular situation. “The new rules will create a new procedure to deal with unauthorized movements during joint police operations and will allow Member States to review existing ones or to conclude new bilateral readmission agreements between them”, is stated in the proposed revision. It would imply greater cooperation for the return first to the EU territory from which they have moved and ultimately to their countries of origin.
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