EMN Conference 2015 - 30 years of the Schengen Acquis and the challenges in relation to the refugee crisis and external border controls
Dimitris Avramopoulos i, Jean Asselborn and Vesna Györkös Žnidar at the press conference on 7 October 2015 in Belval
On 7 October 2015, the European Migration Network (EMN) Conference 2015 was organised in Belval in the context of the Luxembourg Presidency of the Council of the European Union (EU) to discuss the now 30 year-old Schengen Agreement, as well as the challenges to the system with respect to border management and illegal migration. The conference drew to a close with the Luxembourg Minister for Foreign Affairs, Jean Asselborn, participating in a discussion panel with the Slovenian Minister for Home Affairs, Vesna Györkös Žnidar, and the European Commissioner in charge of Migration, Dimítris Avramópoulos.
According to Jean Asselborn, the Schengen initiative "was an ambitious project from the beginning", and has become the main driving force behind the development of the Single Market. Beyond the free movement of goods, capital, services and people, the Schengen area is "synonymous with the harmonisation of the visa area, abolition of internal border controls, development of judicial and police cooperation, solidarity and trust", stated the Minister, adding that Schengen reflects the "essence of Europe".
In his view, the majority of European citizens recognise the added value that the Schengen acquis brings to their daily lives. In particular, this translates into cross-border movements, which a small country such as Luxembourg enjoys, with 160,000 people crossing its borders every day for work. Other positive repercussions shared right across the EU include the possibility for workers to move to another country for work, as well as gains in the tourism sector, "whereas with a visa, people can travel to 26 States". The Schengen area "is coveted the world over", insisted the Minister, and must be "preserved for the youth of the 21st century".
The Schengen area "is not rigid in nature - on the contrary"
The Minister noted that the management of external EU borders is key to preserving the Schengen area. In this regard, he noted the correlation between the abolition of internal border controls and strengthening the control and surveillance of external borders. Jean Asselborn stressed that the issue is again receiving more attention as Europe must deal with "more and more flashpoints" in neighbouring counties and "the largest influx of refugees since the end of the Second World War".
In this context, "Europe must play its part and deal with this humanitarian emergency. Europe can't shy away from people who have managed to escape from conflict zones and persecution", stated the Minister, calling for asylum seekers to be treated in a way that lives up to European values.
In parallel, Europe was invited to "review its strategies" in order to improve effective control of external borders "which would also facilitate a coordinated flow of migrants". "Europe needs to reform its systematic management of external borders so that internal border controls will not have to be reinstated", said the Minister, arguing that, like the Dublin system, the external dimension of Schengen has reached its limits.
"A limited number of States, with particularly high exposure to migration, are shouldering the burden of an entire system that is based on solidarity and mutual trust, the very spirit of Schengen", he stressed. In this regard, the decisions of the JHA Council of the EU on the relocation of 160,000 people over the past few months have demonstrated, according to Jean Asselborn, "that solidarity can be a concept that is difficult to implement when Member States do not feel that they are directly affected by the issue in the same way".
With the huge influx of people, certain Member States have temporarily reintroduced internal border controls, and the Minister noted that while this possibility is provided for in the European Treaties, it will be important to limit such decisions in the long-term. The Minister cautioned against a "domino effect", with more and more Member States forced to reintroduce temporary controls.
In this context of multiple crises, solidarity and trust between European partners "should be the order of the day", according to Jean Asselborn. It is not only a question of coming to the aid of countries of first entry, but also "making the system more effective, and more adapted to the current situation". "Short, medium and long-term solutions are needed", stated the Minister, both "in order to retain the achievements of Schengen" and to combat illegal immigration.
Despite significant enlargement - from 5 States initially to 26 today - there have been no significant updates to the Schengen area, and the Minister noted that it might be the right time "to reflect on the future of the Schengen Agreement". According to Jean Asselborn, external border management should "be adapted and brought into line with the challenges of tomorrow". He went on to call for a balance to be struck between legal migration and returns, and counteracting and limiting abuse of the asylum system. The role and resources of the European agencies active in the field of asylum (EASO) and the management of external borders (FRONTEX), along with EUROJUST and EUROPOL, should also be strengthened, and advances in technology should be taken advantage of in order to develop smarter borders.
According to the Minister, discussion on current and future developments for the Schengen Aquis is needed, but should not be limited to the dichotomy between "borders or no borders". Cooperation must be strengthened for the development of coherent policies and effective responses, whereas border management measures"'based on the principles of shared responsibility, mutual trust and solidarity are also indispensable", he added. Jean Asselborn concluded that "this is a shared European operation".
The Schengen Agreement is "not as flexible as we would have wished"
The Slovenian Minister for Home Affairs, Vesna Györkös Žnidar, also hailed the Schengen system as one of the major achievements of the EU and one of its most tangible benefits. In the face of a crisis on an unprecedented scale, the system is confronted with one of the greatest tests in its history, and the reintroduction of temporary controls by certain Member States, "demonstrates that the countries do not have sufficient resources to react, as the only solution so far has been to abolish one of the major achievements of the Schengen Agreement". The system is "not as flexible as we would have wished", stated the Minister, but this has caused political leaders to reconsider their options. "This often leads to sustainable solutions that we would not have believed possible", she stated. The objective should be to protect the Schengen area, which has necessitated radical decisions such as the relocation of 160,000 refugees.
According to the Minister, other measures are required, beginning with ensuring that the principles of integrated management of external EU borders are "put into full operation again", and if certain States are not capable of fulfilling their obligations, "others should have the right and obligation to intervene". Furthermore, the return of illegal migrants should be assured, and in the event of poor cooperation from third countries, the Commission should intervene with a "carrot and stick approach". Finally, the Minister called for a system of compensatory measures for internal borders "that would not have an impact on free movement but would prevent secondary movements". "The time has come for the Member States to demonstrate their willingness to work together", she stated, as "the benefits of the system will always be greater than the costs".
The European Commissioner in charge of Migration, Dimítris Avramópoulos, expressed the view that the creation of the Schengen area is "among the greatest achievements of the EU" and is "irreversible". He was also of the opinion that the refugee crisis represents a major challenge."While certain Member States have decided to temporarily reintroduce internal border controls", the Commissioner clarified: "This development cannot and does not spell the end for the Schengen Agreement, nor the end of a borderless Europe. The only real risk we could face is a lack of unity and solidarity between the Member States".
In the face of threats to security, the abolition of the Schengen Agreement is not the solution — quite the opposite. "Schengen also means security, if everyone makes the right use of the tools available", he added, with particular reference to the Schengen Information System. The Commissioner again referred to the efforts of the Commission in this area, in particular the upcoming presentation of two legislative packages related to borders, as well as measures provided for under the European Agenda on Migration.
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