Summer School “The EU area of freedom, security, and justice”, July 1-3, 2017 Jean Monnet Centre of Excellence, University of Macedonia, Thessaloniki, Greece The Jean Monnet Centre of Excellence, in collaboration with the Jean Monnet Chair of the Democritus University of Thrace organize a summer school entitled “The EU area of freedom, security and justice”, that will take place in July 1-3, at the Conference Room of the University of Macedonia.

1. Assistant Professor Dr. Despina Anagnostopoulou
Jean Monnet Centre of Excellence
UNESCO Chair
Department of International and European Studies
University of Macedonia

2. I. Border Control and Schengen Area
i. The Schengen Area
*from europa.eu, eur-lex.eu, “The law of the EU” by G. Kalavros-T. Georgopoulos,
Volume II (2010) , “EU: Law, Economy and Politics” by N. Mousis (2008)
The free movement of persons within the EU is one of
the fundamental rights the Union supports.
This right was provided by the Treaty of Rome.
It was enhanced with the Schengen Agreement and the
border control mechanisms that will be analyzed
below.

3. Facts
The Schengen Area started with two legal
instruments,
the Schengen Agreement of 14.6.1985 and
the Schengen Convention implementing the
agreement of 22.09.1990
The Schengen Area ensures that 400.000.000 citizens
in Europe can travel freely from one country to
another

4. Members of the Schengen Area
Since 26 March 1995 the Schengen Area has been established
providing for the abolition of internal border controls and a common
visa policy.
Since 1st
July 2013 the Area includes 26 European countries, except for
6:
 Bulgaria, Croatia, Cyprus, and Romania
 Ireland, and the United Kingdom.
Bulgaria and Romania are in the process of joining the Area. In order
to join there is a review on air borders, visas, police cooperation, and
personal data protection.
There are also non-EU states in the Schengen Area:
Iceland, Norway, Switzerland and Liechtenstein.
Monaco, San Marino and Vatican are de facto included.
There are two more regional areas : The Common Travel Area (1923)
and the Nordic Passport Union (1952).

5. The Schengen Area

6. Schengen Borders Code
Regulation 2016/399 of 9 March 2016
This Regulation provides for the elimination of border
control of persons crossing the internal borders between
the Member States. Its most important articles include:
Article 5
Crossing of external borders
1. External borders may be crossed only at border
crossing points and during the fixed opening hours.
The opening hours shall be clearly indicated at border
crossing points which are not open 24 hours a day.
Member States shall notify the list of their border
crossing points to the Commission in accordance with
Article 39.

7. 2. By way of derogation from paragraph 1, exceptions to the
obligation to cross external borders only at border crossing
points and during fixed opening hours may be allowed:
(a) for individuals or groups of persons, where there is a
requirement of a special nature for the occasional crossing of
external borders outside border crossing points or outside
fixed opening hours, provided that
they are in possession of the permits required by national law and
there is no conflict with the interests of public policy and the
internal security of the Member States.
Member States may make specific arrangements in bilateral
agreements. They must notify the Commission
(b) for individuals or groups of persons in the event of an
unforeseen emergency situation;
(c) in accordance with the specific rules set out in Articles 19 and
20 in conjunction with Annexes VI and VII.

8. Penalties for irregular crossing
3. Without prejudice to the exceptions provided for
in paragraph 2 or to their international protection
obligations, Member States shall introduce penalties,
in accordance with their national law, for the
unauthorized crossing of external borders at
places other than border crossing points or at times
other than the fixed opening hours.
Those penalties shall be effective, proportionate and
dissuasive

9. The Schengen evaluation
mechanism
Regulation 1053/2013 establishes an evaluation and monitoring
mechanism to verify the application of the Schengen acquis.
It provides for monitoring visits to Member States on an annual
and multi-annual basis. On average, 5-7 Member States are
evaluated each year.
The evaluation visits are carried out by Commission led teams with
experts from Member States and Frontex.
The visits can be announced or unannounced.
Following each visit, a Schengen Evaluation Report is drawn up
and agreed by the Schengen evaluation committee of member
state experts.
If the report identifies any weaknesses in management of the
external border, then recommendations for remedial action
are presented. The recommendations are submitted by the
Commission to the Council for adoption.

10. Safeguard clauses to close the
borders
1. Unforeseen circumstances – 2 months (art. 25)
2. Foreseen circumstances – 6 months (art. 23-24)
3. Threat because of serious deficiencies –
recommendations (art 19)
4. Reintroduction of border controls – 2 years (art.
26)

11. Unforeseen Circumstances
The Schengen Borders Code (SBC) provides Member
States with the possibility to temporarily reintroduce
controls at internal borders where there is a serious
threat to public policy or internal security.
Article 25 – Temporary Reintroduction of Border
Controls for Unforeseen Circumstances
Used in cases requiring immediate action
The reintroduction is for an initial period of 10 days.
This can be renewed for additional periods of 20 days,
up to a maximum of 2 months in total.

12. Article 23 and 24– Temporary Reintroduction of
Border Controls for Foreseen Circumstances
 Article 24 can be used for foreseeable circumstances if notified
in advance.
These controls may last for an initial period of 30 days,
renewable up to a maximum of 6 months.
The Schengen Borders Code allows for the combination of
Article 25 and Article 24 measures, allowing for the
reintroduction of temporary border controls by Member States
for a total duration of 8 months under these procedures.
In the exceptional circumstances, as a matter of last resort and
to protect the common interest of the Schengen area,
controls can be prolonged beyond this 8 month period.
This procedure is set out under Article 26 of the Schengen
Borders Code.

13. Threat to the overall function of
the Schengen Area -Article 19
 In exceptional situations, deficiencies in management of the external
Schengen border can put at risk the functioning of the internal area of free
movement.
 In these cases, the Council is empowered to recommend border controls
at one or several internal borders.
 If a Schengen Evaluation Report concludes that in the evaluated Member
State there are “serious deficiencies in the carrying out of external
border control”, the Council may recommend remedial action to the
Member State concerned.
 The Commission may also, under Article 19b of the Schengen Borders
Code, recommend that the evaluated Member State take certain specific
measures with a view to ensuring compliance with the Council
recommendations.
 The Commission adopts these recommendations after obtaining the opinion
of a Committee of the Member States, acting by qualified majority.
 The evaluated Member State then has three months from the date of adoption
of the Council recommendations to complete the remedial actions.

14. Article 26 of the Schengen Borders
Code
If the recommendations are not sufficiently addressed
within three months, the Commission is empowered to
trigger, as a last resort, measures to reintroduce
internal border controls.
Under Article 26 of the Schengen Borders Code, the
Commission may propose a Recommendation, to be
adopted by the Council, to reintroduce controls at all
or specific parts of the border of one or more Member
States. These are measures of last resort which are subject
to a clearly defined process.
They may be introduced for a period of up to six
months. Controls can be prolonged for additional six
month periods up to a maximum duration of two years.

15. Article 29 of the Schengen Borders
Code
 Cases where exceptional circumstances put the overall functioning of the
Schengen area at risk
 In exceptional circumstances, where the overall functioning of the Schengen area is put
at risk as a result of persistent serious deficiencies relating to external border control,
and insofar as those circumstances constitute a serious threat to public policy or
internal security, the Council may, based on a proposal from the Commission,
recommend that one or more Member States decide to reintroduce border control
at all or at specific parts of their internal borders. Such a recommendation shall
only be made as a last resort and as a measure to protect the common interests within
the Schengen area, where all other measures, in particular those referred to in Article
19a(1) of the Schengen Borders Code, are ineffective in mitigating the serious threat
identified.
 The existence of serious deficiencies in the carrying out of external border
control must be first identified in an evaluation report,
 The Member State concerned has three months in which to report on the
implementation of the relevant action plan further to such an evaluation report. After
the expiry of this period, if the Commission finds that the situation persists, it may
trigger the application of the procedure provided for in Article 26 of the Schengen
Borders Code where all the conditions for doing so are fulfilled.

16. The Schengen Visa
There is a Council Regulation established a uniform format for
visas for nationals of third countries [Regulation 1683/95, last
amended by Regulation 610/2013].
This single, clearly identifiable visa is issued by the Member States
and includes all the necessary information.
It meets the highest technical standards, notably as regards
safeguards against counterfeiting and falsification.
It guarantees, however, protection of the personal data involved.
‘visa’ shall mean an authorisation issued by a Member State or a
decision taken by such State which is required with a view to:
— entry for an intended stay in that Member State or in several
Member States of no more than three months in total,
— entry for transit through the territory of that Member State or
several Member States, except for transit at an airport

17. Community Visa Code
The Community Code on Visas (Visa Code)
[Regulation 539/2001, last amended by
Regulation 509/2014]. It determines the third
countries
whose nationals are subject to the visa
requirement for crossing the external borders of the
European Union, and
those whose nationals are exempt from that
requirement.

18. States whose nationals require
visas
ANNEX I Common list referred to in Article 1(1) 1.
STATES e.g.
Afghanistan
Algeria Angola
Armenia Azerbaijan
Bahrain Bangladesh Belarus
Bolivia , Botswana Burkina Faso Burma/Myanmar
Burundi Cambodia Cameroon
Central African Republic Chad China Colombia
Congo
Cuba, Egypt, Turkey, Vietnam

19. Annex II Safe countries
E.g. Albania
Argentina Australia Barbados
Bosnia and Herzegovina
Brazil Canada Chile Costa Rica former Yugoslav Republic
of Macedonia
Guatemala Holy See Israel Japan Malaysia Mauritius
Mexico Monaco Montenegro New Zealand Nicaragua
Panama Paraguay Salvador San Marino
Serbia (excluding holders of Serbian passports issued by
the Serbian Coordination Directorate (in Serbian:
Koordinaciona uprava)) Seychelles Singapore South Korea
United States of America Uruguay Venezuela

20. Short stay visa
Through the SVC member States have harmonised
conditions and procedures for issuing short-stay visas
(i.e. visas for stays that do not exceed three months).
A clearer definition of short stay of non-EU citizens in
the Schengen area ("90 days in any 180 days period")
is applicable from 18 October 2013. Since then a new
method of calculation of short stays applies.

21. Long term stay visa
Council Regulation Regulation 810/2009, last
amended by Regulation 610/2013 facilitates the free
movement within the EU territory of holders of
long-stay visas pending the issue of their residence
permit
Long-stay visas and residence permits for visits
exceeding three months remain subject to national
conditions.

22. VISA for students
the Greek law no 4251/2014 entitled “Code of
Migration and Social Inclusion” , is based on a
number of EU Directives that form the EU policy
on acquiring visas and residence permits.
E.g. the Council Directive 2004/114/EC of 13
December 2004 on the conditions of admission
of third-country nationals for the purposes of
studies, pupil exchange, unremunerated training
or voluntary service

23. Article 6
General conditions
1. A third-country national who applies to be admitted for
these purposes shall:
(a) present a valid travel document as determined by
national legislation. Member States may require the
period of validity of the travel document to cover at least
the duration of the planned stay;
(b) if he/she is a minor under the national legislation of
the host Member State, present a parental authorization
for the planned stay;
(c) have sickness insurance in respect of all risks
normally covered for its own nationals in the Member
State concerned;
(d) not be regarded as a threat to public policy, public
security or public health;

24. Conditions
(e) provide proof, if the Member State so requests, that
he/she has paid the fee for processing the
application
2. Member States shall facilitate the admission
procedure for the third-country nationals covered by
Articles 7 to 11 who participate in Community
programmes enhancing mobility towards or within
the Community.

25. Border checks
 When crossing an external border, EU citizens and other persons enjoying the
right of free movement under Union law (such as the family members of an EU
citizen) undergo a minimum check. This minimum check is carried out to
establish their identity on the basis of their travel documents and consists of a
rapid and straightforward verification of the validity of the documents
(including, where appropriate, the consultation of databases on stolen,
misappropriate, lost and invalidated documents) and a check for signs of
falsification or counterfeiting.
Non-EU-country nationals are subject to thorough checks. These comprise a
verification of the entry conditions as described below, including verification in
the VIS, where applicable.
For stays not exceeding 90 days in any 180-day period, a non EU-country
national must:
 possess a valid travel document;
 possess a valid visa, if required;
 justify the purpose of his/her intended stay and have sufficient means of
subsistence;
 not have an alert issued for him/her in the SIS for the purpose of refusing entry;
 not be considered a threat to public policy, internal security, public health or the
international relations of EU countries.

26. SIS – who / what is on SIS
Who?
 Requested for extradition
 Undesirable in the territory of a participating State
 Minor of age, mentally ill patients, and missing persons or in danger with an
aim of ensuring their own protection
 Requested by a judicial authority, such as witnesses, those quoted to appear
for notification of judgment and absconders
 Suspected of taking part in serious offences and having to be the subject of
checks or a surveillance control
What:
 Motor vehicles under a surveillance control
 Lost, stolen, or misappropriated vehicles
 Lost, stolen, or misappropriated banknotes
 Lost, stolen, or misappropriated identity documents
 Lost, stolen, or misappropriated blank identity documents
 Lost, stolen, or misappropriated firearms

27. The visa information system (VIS) enables
authorized national authorities to enter and
update visa data, and consult them
electronically [Decision 2004/512 and
Decision 2008/633].
VIS Regulation 767/2008, last amended by
Regulation 610/2013 sets up the conditions and
procedures for the exchange of data between
Member States on applications for short-stay
visas

28. Current situation
Five Schengen States (Austria, Germany, Denmark, Sweden and
Norway) carry out border controls at internal borders.
The reason they invoke is a serious threat to public policy or
internal security that was caused by secondary movements of
irregular migrants triggered by serious deficiencies in
external border controls
The European Commission has ruled that these measures
are in compliance with the Schengen Borders Code, are
necessary and are considered proportionate.
 In its communication ‘Back to Schengen — A Roadmap’, the
European Commission promised, if serious deficiencies in
external border control were to persist beyond 12 May 2016, to
present a proposal under the Schengen Borders Code to the
Council recommending a coherent Union approach to internal
border controls until the structural deficiencies in external
border control are mitigated or remedied.

29. 1) Restoration of Internal Borders Article 77(2)(e) of the
Treaty on the Functioning of the European Union (TFEU)
SCHENGEN-1 had provided (art. 23-31) for the temporary
restoration of internal borders control only on grounds of
public order or public safety for a maximum of 30
days and for renewal of 30 days.
Art. 23 par. 4 Regulation 1051/2013 (SCHENGEN-2)
provides that a decision may be taken for border control
under easier conditions such as the non-surveillance of
external borders by a state. The restoration of internal
borders may last for a period of 6 months with a renewal
for 2 years.
Regulation (EU) 2016/399 of the European Parliament
and of the Council of 9 March 2016 on a Union Code
on the rules governing the movement of persons
across borders (Schengen Borders Code).

30.  Current Temporarily Reintroduced Border Controls
 Temporarily reintroduced border controls in the context of foreseeable events:
 France (13 November 2015 – 26 July 2016) COP 21, the emergency state as
introduced on the French territory further to the terrorist attacks in Paris,
Euro 2016, Tour de France.
 Poland (4 July – 2 September 2016) NATO Summit, World Youth Days and
visit of the Pope.
 Temporarily reintroduced border controls – Recommendation of the
Council of May 12, 2016
 Germany (12 May – 12 November 2016) land border with Austria
 Austria (16 May – 12 November 2016) land border with Slovenia and with
Hungary
 Denmark (1 June – 12 November 2016) Danish ports with ferry connections to
Germany and the Danish-German land border
 Sweden (8 June – 11 November 2016) Swedish harbours in the Police Region
South and West and the Öresund bridge
 Norway (10 June – 11 November 2016) Norwegian ports with ferry connections
to Denmark, Germany and Sweden

31. Controls on EU Citizens at external
borders
The European Commission submitted a proposal for
a revision of the Schengen Borders Code (Regulation
(EC) 562/2006) to provide for systematic controls
of EU nationals, including the verification of
biometric information, against relevant
databases (e.g stolen documents) at external borders
of the Schengen area, making full use of technical
solutions in order not to hamper movement.
5000 European Citizens have already visited ISIS
territories.

32. ii. FRONTEX and the new border
control mechanism
 FRONTEX was established in 2004 as an agency with limited powers
 The major task of the Frontex Agency is to coordinate joint operations to
assist EU States in managing migratory flows at their external borders.
 The joint operations coordinated by the Frontex Agency at sea are governed
by Regulation 656/2014 which establishes rules on interception, rescue and
disembarkation to be applied in the context of such joint operations.
 The Agency also manages a pool of border guards called European Border
Guard Teams for deployment as guest officers during Frontex joint operations
and pilot projects, and during Rapid interventions in States facing urgent and
exceptional pressures at their external borders.
 The EU established a new information sharing and cooperation mechanism
called EUROSUR (European Border Surveillance System). This mechanism
provides Schengen countries with a common operational and technical
framework, which assists them in countering cross-border crime, preventing
unauthorized border crossings and diminishing the tragic death tolls of
migrants at sea.

33. Tasks of FRONTEX
The agency's main tasks are:
coordinate cooperation between member states in
external border management.
assisting member states in training of national border
guards.
carrying out risk analyses.
following research relevant for the control and
surveillance of external borders.
helping member states requiring technical and
operational assistance at external borders.
providing member states with the necessary support in
organising joint return operations.

34. Frontex Joint operations
 Joint Operation Poseidon (2005) now Poseidon Rapid Intervention in Greece
 Joint Operation Hera for Spain
FRONTEX deployed naval patrols in international waters, then negotiated bilateral
agreements to move patrols to territorial waters, deployed joint patrols and shipriders
within territorial waters
 UNAVFOR MED’s Phase 2B Sophia for Italy - Naval patrols in international waters
The EU Internal Security Fund establishes solidarity between the Schengen States by
supporting those countries with a heavy financial burden in implementing the common
standards on external border controls.
 The Internal Security Fund (ISF) was set up for the period 2014-20, with a total of EUR
3.8 billion for the seven years. The Fund will promote the implementation of the
Internal Security Strategy, law enforcement cooperation and the managemetn of the EU
external borders. The ISF is composed of two instruments, ISF Borders and Visa and ISF
Police.
 Achieving the key objectives
 Borders: achieving a uniform and high level of control of the external borders by
supporting integrated borders management, harmonising border management measures
within the Union and sharing information among EU States, and between EU States
and Frontex, in order to halt irregular migration and ensure the smooth crossing of the
external borders.

35. EU Border and Coast Guard
Α Regulation establishing the European Border and Coast Guard “built
from FRONTEX” will provide
a more integrated management of the EU’s external borders,
additional powers than FRONTEX currently has for
 external border management,
 migratory flows
 return of individuals
 addressing deficiencies of border management at national level and
 Right to intervene - deployment of Rapid Border Intervention Teams.
 Collaboration with third countries.
There are 'shared responsibilities' between the Member States and
the EU Border and Coast Guard Agency.
New equipment and with a rapid reserve pool of 1 500 border guards
and experts - Its Budget will be € 31,5 million in 2017
See (COM(2015) 671 final

36. Latest News and Developments
*from europarl.europa.eu
On July 6, 2016 the Plenary Session of the European
Parliament has approved the proposal on the
European Border and Coast Guard, e.g.
The establishment of an EU border control system,
bringing together the EU FRONTEX border
agency and national border management
authorities
National authorities will still manage their borders on a day-to-day
basis but, if their EU external borders are under pressure, they will be
able to seek help from the European Border and Coast Guard Agency
(EBCG), to rapidly deploy pooled border guard teams to those
borders.

37. Rapid Border Intervention
 In cases where a member state faces increased pressures on its external
border, such as disproportionate migratory pressure or cross-border
crime, rapid border intervention teams could be temporarily deployed either
at the request of an EU member state or by Council decision:
 following a member state request, an operational plan would be agreed with
the EBCG, which would deploy, within five working days, the necessary staff
and provide technical equipment,

in cases where a member state does not take up the measures proposed
by the EBCG or migratory pressure is jeopardising the functioning of the
Schengen border check-free area, the EU Commission may present the
Council with a proposal to act. The Council will then decide on the need
to send border intervention teams. The operational plan should be agreed
by the member state concerned and the EBCG before deployment can take
place, and

if a member state opposes a Council decision to provide assistance,
other EU countries may temporarily reintroduce internal border
checks.

38. Other amendments
 Return operations
The EBCG will play a greater role than today’s Frontex agency in returning
migrants to their country of origin, but only where executing decisions
that have already been taken by national authorities. Return provisions
have been further strengthened by additional fundamental rights safeguards.
The EBCG agency will not be involved in returns between non-EU countries.
 Pool of guards and technical equipment pool
The EBCG will not have its own border guards but will be able to call on a
rapid reaction pool of 1,500 border guards to be nominated by member
states.

MEPs ensured that the teams of border guards in the Rapid Reaction Pool will
have the equipment they need, by inserting a requirement to make
equipment available from the rapid reaction pool no later than 10 days
after the operational plan is agreed.

39. Other amendments
There will be an amendment to the Schengen Borders
Code in order to increase checks at the external
borders on EU citizens.
A fifth proposed regulation attempts to make
expulsion and readmission more effective, by creating
a uniform document to be used during removals of
irregular migrants to their country of origin.