From freedom to security, or when Schengen changes
(B2) From the wave of migrants in 2015 to the European election campaign, the Schengen area has been the subject of all criticism. It is also the subject of all possible proposals to remedy it, from Jean-Claude Juncker as well as his successor Ursula von der Leyen. This space, originally a symbol of freedom, has become a major security issue
From external secure borders to the restoration of internal freedom
In 2014 in his State of the Union address to the European Parliament, Commission President Jean-Claude Juncker said: We need secure borders in Europe ". And to warn in a rather premonitory way: Our common asylum and legal migration policies will only work if we can prevent an uncontrolled influx of illegal migrants. Five years later, on July 16, 2019 before the same European Parliament, her designated successor, Ursula von der Leyen, proclaimed a priority on the same theme but with different words: “ Return to a fully functional Schengen area of free movement " who is " the key to our prosperity, our security and our freedoms ».
Meanwhile, a migration crisis and terrorist attacks
In the meantime, two major crises for European security have arisen. During the summer of 2015, the European Union faced a massive influx of migrants. The management of external borders is so chaotic and there are many secondary movements on the continent that internal freedom of movement is called into question. The new wave of terrorist attacks perpetrated between 2015-2016 on the territory of several Member States reinforces the need for a border control system within the Schengen area.
A Schengen system that no longer works
The difference of words as of orientation bears witness to the evolution of political thought. In 2014, the focus is on the so-called external borders of the Schengen area, " protection of Europe's common borders ". In 2019, the focus is on internal freedom of movement compromised by the re-establishment of internal borders of the Schengen area. If five years after Jean-Claude Juncker's warning, Ursula von der Leyen aspires to a Schengen area " functional aspects it's a good thing that it no longer works today. And it is its very foundation that has been affected: the free movement of people.
The dysfunction of Schengen
Border controls are reintroduced
Six Member States maintain checks on all or parts of their internal borders. Germany and Austria initiated the movement in September 2015, due to the " pressure " and of " uncontrollable migration flows ". Sweden and Norway (1) followed, for the same reasons, in November 2015, and Denmark in January 2016. France initially based itself on the organization of COP 21, then on the terrorist threat and the state of emergency, to reintroduce controls from November 2015.
A temporary that settles almost permanently
The reintroduction of internal border controls is provided for in the Schengen Border Code, in three articles (Articles 25, 28 and 29) which respond to different hypotheses. These measures are accompanied by deadlines, so that the checks retain their temporary nature: respectively six months (article 25), two months (article 28) and two years (article 29).
However, in November 2019 (at the end of the current reintroduction), it will be more than four years since checks are again authorized at the borders of these six States. In other words, the Schengen area is no longer what it used to be, namely an area of free movement. Some, like Pierre Berthelet, do not hesitate to speak of a " risk of normalization of the exceptional (2).
questionable reasons
In order to justify a serious threat to public order or internal security necessary to reestablish controls, governments have advanced either the migration crisis and the influx of migrants, or the terrorist threat, or even both at the same time. While it seems obvious that the threat of terrorist acts poses a danger to public order or internal security, the situation is different for migratory movements. The systematic relationship between security and migratory flows is debatable. Just as reintroducing internal border controls does not solve the larger problem of migration. But the political difficulties of addressing root causes and managing flows are greater. Moreover, the use of border controls by France raises questions. If they are used in the fight against terrorism, as officially announced, they are also used to control migratory flows. An appeal has also been lodged with the French Council of State by several associations against the decisions to extend the reinstatement of controls (3).
Towards a militarization of borders?
Some observers do not hesitate to even mention a " militarization of borders »(4). « A semantic and normative shift from identity to security and from security to the military is noticeable. It is thus out of security fear of a threat to public order or the internal security of certain countries that such measures are taken. The difference between asylum, immigration and terrorism is totally suppressed in speeches, including in " Union documents and texts ". As previously underlined in the speeches of J.-C. Juncker and U. von der Leyen, now, the key word, the priority of priorities, is border security and defense ».
The solution in the current reform?
A reform project is currently underway to modify the Schengen Border Code. It was launched by the Commission in September 2017 to remedy the current situation of abuse of existing procedures, and avoid any 'outside the law' situation. It is expected that the deadlines for the checks reintroduced at the internal borders will be extended, and a new procedure will be created in the event of a serious threat of more than one year. In return, the Member States have the obligation to present risk analyses, and the Council of the EU obtains a power of authorization, and therefore a right of scrutiny. But since 2017, the file has been progressing slowly. On April 4, 2019, the European Parliament delivered its position at first reading. We must now wait for that of the Council. And who knows if, with the new Commission taking office in November, new proposals will not be put on the table.
(Hélène Court-Fortunaz, st.)
- Not a member of the European Union, but a member of the Schengen area
- Berthelet P., The “Schengen governance » following the migration crises. From one reform to another: what's new? », Diploweb The geopolitical review, January 2018.
- Action for annulment of the decision of the French government to extension of the reestablishment of controls at the internal land borders with Belgium, Luxembourg, Germany, the Swiss Confederation, Italy and Spain, as well as at the air and sea borders, from 1er November 2017 to April 30, 2018 », revealed by the note from the French authorities to the Secretary General of the Council of the European Union of October 3, 2017, presented to the Council of State by the associations ANAFE, GISTI and La Cimade, on October 26, 2017.
- Berramdane A., The militarization of the borders of the European Union », Review of the European Union, April 2018.
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- le Schengen border code in force
- le projet for the reform of the Schengen Border Code (EN) - procedure 2017/0245/COD
