What is the Schengen acquis?

The Schengen acquis is a set of rules and provisions, integrated into the law of the European Union, aimed at promoting the free movement of citizens within the so-called Schengen area, regulating relations between the states that have signed the Schengen Convention.

The set of rules, also called the Schengen Agreements, takes its name from the town of Schengen, in Luxembourg, on the border betweenFrance and Germany.

Map of current Schengen states with a treaty in force

A bit of history

The Schengen acquis is based on the Schengen Agreement (14 June 1985) and on the Convention implementing the Schengen Agreement (19 June 1990), signed by the three Benelux States (Netherlands, Belgium and Luxembourg), Germany and France.

Several member states of the European Union subsequently joined the convention: Italy (1990), Spain and Portugal (1991), Greece (1992), Austria (1995), Denmark, Finland and Sweden (1996).

For their part, Ireland and the United Kingdom participate only partially in the Schengen acquis, as the controls of people at their borders have been maintained.

Ireland and the UK

The United Kingdom and Ireland have not adhered to the Schengen Treaty for several reasons:

•  they have immigration laws (in particular the United Kingdom) which are different and much more permissive than the rest of Europe;
• the passport control bodies are not police forces (they are civilian personnel with limited powers), the external Schengen borders must be managed by police or military police;
• the two countries already apply the Common Travel Area that removes the borders between them. If one of them wanted to join the Schengen Treaty they would have to renegotiate this agreement;
• the problemof sovereignty over the Channel Islands and the Isle of Man (they are not part of the United Kingdom, but a dependency of the British Crown. The free market is only with the United Kingdom);
• both parliaments have had some hostility regarding the functioning of Schengen.

A typical Schengen signboard on the border between Germany and Austria (that does not have any checkpoints)

Did you know?

Three microstates (Monaco, San Marino and Vatican City) have not signed the treaty, but adhere indirectly to the agreement as they have no customs barriers with France and Italy respectively, even if the Vatican City is limited to the exit from the state, given that the entry to the country is controlled.

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