Šengeno konvencijos įtaka Lietuvos sienų apsaugos organizavimui

Abstract

One can derive the appearance of Schengen area from the demand to eliminate the obstacles interfering with the movement of goods, persons, services and capital in the territory of European Union Member States. The principle of the free movement of goods, services and capital was realized, but the realization of the fourth freedom – principle of the free movement of persons which namely is the basis for appearance of Schengen area aroused the most discussion as that was related with the national security of the states.
In 1985 the agreement signed in Schengen regarding gradual removal of checks at common borders was more of a declarative character, as neither specific process nor legal mechanism for the realization of the agreement aims was created. After the decision to realize the strive to refuse the control of persons crossing common borders and ease the movement of transport and goods expressed in the Agreement in 1990 the Agreement was supplemented by Schengen Convention. In 1997 by the Treaty of Amsterdam Schengen acquis was incorporated in the European Community legal system.
The major idea of Schengen area is the removal of border checks by the internal borders of Agreement countries, sufficient level of control of external borders. The refusal of border checks by the internal borders inevitably means both the deficit of national and public safety; as the Member States loose an important national means enabling to control the persons coming into the country through the internal borders, identify them. For the compensation of the security deficit corresponding control requirements, aims, principles, mechanisms have been included to Schengen acquis as an equipoise, forms of closer cooperation of institutions responsible for the Internal security have been established. Schengen acquis has an authorizing power to the Member States, its employment in the states is inspected and evaluated by Schengen experts systematically. The main measures adopted by Schengen group members are:
♦ the removal of checks at common borders, replacing them with external border checks;
♦ a common definition of the rules for crossing external borders;
♦ separation in air terminals and ports of people traveling within the Schengen area from those arriving from countries out with the area;
♦ harmonization of the rules regarding conditions of entry and visas for short stays;
♦ coordination between administration on surveillance of borders (liaison officers, harmonization of instructions and staff training);
♦ the definition of the role of carries in the fight against illegal immigration;
♦ requirement for all non EU nationals moving from one country to another to lodge a declaration;
♦ the drawing up of rules for asylum seekers (Dublin Convention);
♦ the introduction of rights of surveillance and not pursuit;
♦ the strengthening of legal cooperation through a faster extradition system and faster distribution of information about the implementation of criminal judgments;
♦ the creation of the Schengen Information System (SIS).
According to the national Schengen acquis plan of activities the Lithuanian land border with the countries that are seeking membership is treated as the internal border of the European Union countries. The land border with other countries and the sea border is treated as the external border of the European Union countries, i.e. the future internal borders will be the borders with Latvian Republic and the Republic of Poland, the future external border – the border with the Republic of Belorussia and the Kaliningrad region of the Russian Federation. Besides, the regime of the external border is applied to international seaports and airports, from which an international communication with the countries which are not members of the European Union is carried out.
The purpose of the Schengen agreement is free movement of persons and the removal of checks at internal borders. According to one stipulation foreseen in the Convention a Schengen Member State can consult other countries in cases of ensuring public order and national security and take the decision on carrying on certain border checks taking into account the situation at internal borders.
The Convention removes border checks only at internal borders but that does not mean the removal of physical guard at internal borders. This principle is not defined in the Convention. Thus, the implementation of the state guard function still remains necessary to ensure the state sovereignty and territory control.
The regulations of the Convention deal with the other principle – external borders can be crossed only at border crossing points and at certain working hours. This principle is not new. According to the fifth article of the state border guard law the state land border can be crossed only after having got through border control.
However, talking about the external border control of the Schengen area one can perceive an innovatory principle with respect to safeguarding security, since border control has to be carried out taking into consideration the interests of the acquis countries. In other words, a unified level of border control and guard isbeing demanded. The Convention also requires that all persons crossing external border should be checked.
There should not be any radical structural changes in Lithuania in the system of external border guard and control after becoming a Schengen member, because, as it has already been mentioned, the Convention  consolidates the conception of external border control which is similar to the national border control. Theimprovement of professional abilities of officers will require great efforts. A border guard when checking documents and asking simple questions, like “Where are you going?”, “What is the purpose of your visit?” will have not only to decide whether the documents are in order, but also to ascertain if a person is wanted or his/her presence in the country does not threaten the security and wealth of all Schengen countries. Thus, it is of great importance to realize that not infra-structural changes or acquisition of new technical equipment are the most important things but understanding and realization of the inter-country solidarity principle.