SCHENGEN AND THE CONCEPT OF INTERNAL BORDER SECURITY

Abstract

The main purpose of the Schengen Agreement was to abolish border checks at internal borders between Schengen Member States. This principled idea was later transposed into the provisions of the Schengen Convention and reiterated in the Schengen Borders Code. Despite the fact that the priority objective of the Schengen Agreement is to apply the principle of free movement of persons and to abolish internal border controls, there is one exception, in cases where public policy or national security so require, the Schengen State, in consultation with the other Contracting Parties, may decide to carry out border checks at the internal borders of the country concerned for a limited period, depending on the situation at the internal borders. The abolition of controls at internal borders is not an irreversible process, which means that rules governing the reintroduction of controls at internal borders must be introduced into national law. This article analyzes the norms of the Schengen acquis and the main elements of the concept of protection of internal borders, evaluates the principles of reintroduction of control at internal borders. It is assumed that EU countries that have agreed on common security standards have the right to decide and implement national measures to ensure public order and national security.