Article

The Schengen Area as a fair-weather project? A discursive analysis of solidarity

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Abstract

Recently, critical voices have raised concerns that EU member states are unwilling to express solidarity and proclaimed that EU solidarity was dead. Surprisingly, the Schengen Area, as opposed to asylum policies, has been examined only sporadically in this context. Although there is overall agreement that solidarity is a necessary precondition for the functioning of Schengen cooperation, it has multiple meanings. Hence, theoretically drawing on the concept of solidarity and methodologically employing the Discourse Historical Approach (DHA), this study attempts to find out how solidarity is conceptualised in legislative and political discourse on Schengen cooperation. It does so by identifying the argumentation strategies of the main actors. The main findings are that whereas scholars tend to link solidarity to free movement and incoming refugees, legislative and political discourse emphasise external border controls. Indeed, this suggests that Schengen will remain resilient as long as its security is ensured, no matter the reimpositions of internal borders. These are perceived as a remedy to Schengen deficiencies rather than a problem per se. Also, in line with EU legislation, the interstate dimension of solidarity clearly prevails within Schengen.

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... Most of them notice that although a refugee is a refugee by lawmeaning that the same rights should be guaranteed for all those entitled to obtain the refugee statusthe attitude of the EU is different if it is a Middle Eastern and African refugee or Ukrainian one. Broadly speaking, except for the Ukrainians, in the EU there is an increased attitude of substantial refusal to welcome refugees and unwillingness 'to express solidarity' (Votoupalová, 2022), also encouraged by the rise of populist movements. 1 Furthermore, the reception policies put in place to welcome the Ukrainian population remain mostly applicable to this specific case, without promoting a structural change of the EU migration law and reception policy. ...
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This paper discusses the contribution made by historians, particularly historians of European integration, to study of the problem of migration. In particular, it examines the most important historiographical debates on this topic until today. It analyses the main interpretations of the origins of the freedom of movement for Community workers and, later, for all citizens. It also summarises the state-of-the-art historical research on the complex relationships between freedom of movement and European social policy. Moreover, it gives accounts of the main historiographical approaches to the role played by restrictive migration policies on the external relations and enlargement strategies of the European Communities. Lastly, it explores the most authoritative theories about the origins and impact of the Schengen system. The paper concludes that European integration historians' research on the problem of migration has been rich and insightful, but that it now urgently needs new ideas and new methodologies.
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The Area of Freedom, Security and Justice (AFSJ) touches upon two fundamental issues: on the one hand the national sovereignty and the State’s capacity to control and to manage its territory and its population, and on the other hand the protection of fundamental human rights and civil liberties. Thus, the balance between liberty and security is the core of the AFSJ. Scholars have argued that the lack of parliamentary accountability and control of home affairs policies has led to an insufficient standard of human protection. However, recent developments in this area bought by the treaty of Lisbon conferred to national parliaments a special role in AFSJ polices (Article 69, Title V of TFEU). They should ensure that legislative initiatives in relation to judicial cooperation in criminal matters and to police cooperation Chaps 4-5 comply with the principle of subsidiarity. The question that this paper tries to answer is to what extent the involvement of national parliaments in European policies brings a more humanitarian approach to the AFSJ? To do so, the paper relies on two theoretical concepts: that of frame and that of parliamentary scrutiny and one case study: the reform of the Schengen agreements proposed by the European Commission in September 2011. In a comparative perspective the paper analyzes how the French and the Italian parliamentarians scrutinized the reform mentioned above and what role do they play in the decision-making process.
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Police and Customs Cooperation Centres (PCCCs) have been established throughout the Schengen area as an important institution reinforcing mechanisms and procedures of cross-border law enforcement cooperation. Since the first PCCC became operational in Offenburg in 1999, about 40 centres have emerged, performing various functions and tasks in the area of internal security and law enforcement and constituting a valuable local tool of direct cross-border cooperation. In the reflection period preceding the 2009 Stockholm Programme, the so-called Future Group (High Level Advisory Group on EU Internal Security) suggested that the EU should establish a model of PCCC applicable to all member states and serving as ‘real police-customs centres of crisis management capable of handling events on an international scale.’ This chapter seeks to verify the above proposal and to reflect further on the importance of PCCCs for internal security of the EU and for cross-border cooperation in the Schengen zone. Several PCCCs will be analysed in order to extract similarities and differences as functional and institutional prerequisites for the elaboration of a framework PCCC. The evaluation of the role that PCCCs perform in everyday cross-border police cooperation will be juxtaposed with new instruments of Schengen governance, adopted in October 2013, particularly new provisions on common rules on the temporary reintroduction of border control at internal borders.
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For the past two decades, the Member States of the European Union (EU) have been developing cooperation in the sphere of consular affairs. As crises of the Arab Spring highlighted, citizens of the Union are increasingly vulnerable and in need of protection globally, prompting the Member States to strengthen common provisions, and the EU institutions developing informal roles in protection of EU citizens. European visa policy, on the other hand, emerged as a result of the expanding Schengen area. The removal of internal borders led to creation of common management of external borders, of which visa policy has become an essential part. For example, in the Eastern neighbourhood, visa policy is increasingly linked to EU conditionality, with third countries implementing far-reaching public security and border management reforms, thus externalising the borders of Fortress Europe to third countries and their institutions before a process of visa liberalisation can take place. This chapter will analyse the nature of Europe’s shifting borders as a result of increasing cooperation in consular affairs, namely in consular protection and visa policy. On one hand, the EU’s cooperation in consular protection has highlighted the need to provide security to EU citizens across the globe, whilst, on the other, EU’s visa policy is increasingly shifting the security of its external borders to its neighbourhood and beyond. In both instances, third countries are becoming the scenes of European border externalisation and management, albeit, for two different reasons-to protect EU citizens, and to manage the flow of migrants into Europe.
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The series of adverse shocks of both economic and political character that Europe has suffered since 2008, the last of them coming from the Brexit referendum, revealed numerous institutional gaps and asymmetries in the EU integration architecture. They originate from the voluntary nature of the EU project and the necessity to obtain unanimous approval of all member states to take new integration steps. To increase the resilience of the EU project against current and future shocks, its major institutional gaps and asymmetries should be addressed as quickly as possible. In this paper, we use the theory of fiscal federalism and subsidiarity principle to set the agenda of the EU reform. This includes the identification of areas such as completing the EMU and Schengen projects, foreign, security, and defence policies, environmental and climate change policies where further integration can offer substantial returns to scale and better provisions of global and pan-European public goods. On the other hand, there are also areas such as agriculture policy, products, services and labour standards, and fiscal surveillance rules, where deregulation in favour of market forces could ease business environment and make EU regulations less bureaucratic. Developing integration beyond the traditional economic sphere will also have an impact on the size of the EU budget, balance of power between the EU governing bodies (a bigger role of the European Parliament) and the democratic legitimacy of the EU project.
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The adoption of EU Regulation 2016/1624 is an endeavour to widen the scope of existing measures shaping a fully-fledged EU integrated border policy. This article discusses key innovations and ambiguities in the text in the light of the debate regarding the still lacking supranational model. EU security has become the driving factor of border management system. The article argues that the respect for the principle of institutional balance is threatened by this Regulation as well as the principles of the rule of law and democratic control, notably at national level.
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This paper studies the role of cross-border interactions and public spaces in the local mediation of national conflicts in three Polish-German border towns. It draws on Luc Boltanski’s pragmatic sociology in order to address questions raised in the recent literature on urban conflict and borders. Our analysis traces transformations under Schengen in relation to Boltanski’s concepts of uncertainty, justification and tests. We investigate ordinary inhabitants’ everyday experiences of cross-border relations through different types of spatial practices and place-making strategies in the context of a shifting border. Recent transformations have started to challenge a longstanding situation of ‘arrested conflict’ rooted in blocked local networks, disconnected from supranational discourses of cooperation.