EUROPEAN AND
INTERNATIONAL JUSTICE,
HOME AFFAIRS AND SECURITY
POLICY
Samenvatting
Joren Brauwers
Academiejaar 2023-2024
, DEEL 1: BENELUX
(1) ORIGIN AND HISTORICAL DEVELOPMENT
The ORIGIN of the BENELUX (Belgium, Netherlands, Luxembourg) dates back to the FINAL phase of WWII, because at that time
the heads of state were in exile in London, (because their countries were occupied by Germany), and were thinking about
HOW they could kickstart/boost their country’s development.
In 1944 the 3 countries came to an agreement to work together, for an ECONOMIC REVIVAL and reconstruction….
- 1: First step was to create a monetary union (geld), because the 3 countries still had their own currency. However
they decide have
o (1) Fixed exchange rates = the value of a country’s currency is tied to the value of another country’s
currency, so they remain somewhat stable
Country A and Country B agree to keep the value of their currencies stable relative to each other.
They set an official exchange rate, for example, 1 Currency A = 2 Currency B.
o (2) State loans = they supported each others economic revival, by STATE LOANS (giving loans to each other)
- 2: The second step was to form a customs union, they lifted or removed the internal border (so persons and goods
could move freely across borders), without border controls). This boosted trade but also led to some an increase in
CROSS-BORDER crime. This was the INSPIRATION FOR THE LARGER Schengen initiative!!!!
In 1958: The 3 countries decided that they should take their cooperation to the NEXT LEVEL, and signed the BENELUX-Union
Treaty (1958), which was the official start of the BENELUX as an organization. They had their own institutions and could set
up their own policy.
- It started with an ECONOMIC APPROACH (oprichting Benelux Economic Union: BEU), however they soon created
flanking measures.. "flanking measures" refer to additional policies and actions taken to support the primary
objectives of the Benelux union, such as economic cooperation. These measures are intended to address any side
effects, challenges, or gaps that arise from the main initiatives, such as cross-border crime. However they became
more and more important, and the cooperation between the Benelux countries was now way broader than the initial
economic approach. So these MEASURES/AGREEMENTS “flanked” the economic approach.
o Treaty on extradition and judicial cooperation (1962)
Extradition (overlevering van criminelen)
Executorial: You had a trial, he needs to be sentenced but is not in the country so they
send an extradition to another
Procedural: You want them at the trial, so you send an extradition
o Treaty on execution (1968)
If he is in another country, you could send the case to the country, and ask of the
execute the sentence.
o BACC-treaty (1969) (Benelux Administrative and Criminal Cooperation)
BENELUX TREATY in 1958 was signed for 50 years, because they thought that we needed until than for economic revival, hover
the BENELUX TREAT WAS UPDATED in 2008 (after 50 years, they decided to update the treaty because the wanted to keep
working together and deepen their cooperation
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,COOPERATION
Benelux is a cooperation between 3 countries, Belgium, Netherlands & Luxembourg. It’s started with JUST an economic
approach (lifted border,…) however they needed a lot of flanking measures (cooperation measures taken that FLANK the
economic approach, it’s not just about the economic approach it’s broader than that, it started small, but the cooperation
became broader and broader….).
SENNINGEN CONSULTATION
The Senningen Consultation (1996) refers to a series of meetings held at Senningen Castle in
Luxembourg, which played a significant role in the cooperation between the Benelux countries.
These consultations (vergaderingen) were part of the ongoing efforts to deepen and enhance the
collaboration/cooperation within the Benelux Union. These meetings resulted in the creation of the
SENNINGEN MEMORANDUM, it’s was a kind of agreement on what the cooperation should look like and in fields they
should cooperate in. so it’s an agreement on what the BENELUX was going to do…. The Benelux works intensively on
‘closer cooperation’ between 3 states, mainly in the fields of judicial and police cooperation.
- (1) Police cooperation = legal base was 2004 Senningen treaty on cross-border police intervention
o Types of cooperation
Equipment (water cannons, helicopters, drugs-detection dogs,…)
(1) Purchase equipment together (cheaper to buy in bulk)
(2) Same equipment, so they could work together better in a joint-operation (they have
the same equipment, so they know how to use them)
(3) Share equipment (not 3 different object, but 1 and they all could use it)
Training & Education (same training a education)
Basistraining (same objectives and priorities
Specialised training (together = joint-training, kind of seminar/gastcollege)
o Terrorisme, etnic profiling, radicalisation,…
Field Cooperation = joint actions
Example:
o Gentse Feesten, Dutch Police officer came to help the Belgian officers
o Football match,…
Access to databases (information sharing)
Access databases from other countries (for example dutch numberplates)
Liaison officers (verbindingsoffciers): The Benelux jointly deploys liaison officers, they send 1
liaison officer to another country with the main task of gathering information on certain
phenomena of criminality. They report back to the 3 countries, it’s better than every country
sending their own liaison officer…
Horizontal cooperation (>< Vertical cooperation), for example “cross-border investigation”
Horizontal cooperation = policeforces communicate directly to eachother, without the
approval from the state or minister (they trust the police).
o First experimented at Benelux, and was the inspiration for horizontal
cooperation on EU. The success of horizontal cooperation within the Benelux
region has served as a model and inspiration for similar initiatives at the
European Union level, where member states are increasingly recognizing the
importance of direct collaboration among law enforcement agencies to
effectively combat transnational crime.
Vertical cooperation takes way too long,
where a police officer in Country A first
needs to inform the competent minister,
this minister talks to the minister of
country B, and after that, the police in
country B fulfill the tasks of the
investigation…
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, In addition to that kind of GENERAL overarching cooperation, the police cooperation between the BENELUX countries
also focuses thematically on a series of specific crime types: Overall the efforts to tackle trafficking in human beings,
organized crime, drugs, safeguarding cyber security and fraud are most dominant.
- (2) Justice
o Support during investigations Crossborder investigation
Option 1: Ask that the police of the other country, to investigate something
Option 2: Joint-investigation (together)
o Execution of each others judicial decisions (sentences)
- (3) Migration
o Re-admission treaties (we don’t have it at and EU)
= agreement that you sign with an other country, if a migrant is denied & they need to be send
back to the COUNTRY OF ORIGIN it’s is POSSIBLE. If we say no to them, we need to be sure that
thes migrant will be re-admitted (country of origin takes them in)
o Visa Waivor Agreements = Benelux countries are developing a common policy regarding visa, were a
third country could get access to ALL 3 the Benelux countries without a Visa.
FUTURE RASION D’ÊTRE?
Why would the Benelux keep existing in the future???
- (1) Benelux countries have a common vision on most topics
- (2) Benelux has a double goal
o 1: Trying out deepened forms of cooperation
o 2: Serving as a testing ground for EU
“It is the Benelux duty to unite and provide the impulses necessary to keep the European Union project on track”
(2) INSTITUTIONAL STRUCTURE AND FUNCTIONING
INTRODUCTION
The institutions within this cooperation structure are:
- Interparliamentary Assembly
- Committee of Ministers,
- the Benelux Secretariat-General,
- Benelux court (rechtbank)
BENELUX INTERPARLIAMENTARY ASSEMBLY
The Interparliamentary Assembly, is usually referred to as the BENELUX PARLIAMENT. This Benelux Parliament has NO
DECISION MAKING POWER. It’s more like a “Talking booth” (place where they talk). it’s odd because the Belgium Parliament
has this power, in most of the NATIONAL parliaments there is decision making power, but NOT ON INTERNATIONAL LEVEL..
The Benelux parliament was set up in 1955, so it’s actually BEFORE the full agreement of Benelux (1958). The Benelux
Parliament is active in more domains than what can be considered as the tradition Benelux package of competences.
Although the parliament in the Benelux Treaty was integrated into the Benelux framework, it kept its wider mandate
Benelux parliament = It’s a place were the representatives come together and talk, exchange information,… BUT they have
no decision making power
COMPOSITION
The Benelux Parliament consists of 49 members: 21 Belgian, 21 Dutch and 7 from Luxembourg
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,TASK & RESPONSIBILITIES
They have 3 main tasks:
- (1) Advise = The Benelux parliament ADVISES and formulates opinions on various topics (Police, Justice,
migration + fiscal fraud, security, crisis management,…) directed at
o 1: Committee of Ministers
o 2: National Governments of it’s members
- (2) Information flow =
o The representatives in the parliament keep each other updated and informed on NATIONAL
issues, topics,… (Belgian representative, informs the other representatives of problems & topics in
Belgium)
o +
o The representatives of a country (ex: Belgium) inform their own country on discussions that took
place during the parliamentary assembly.
- (2) External relations = The parliament also cooperates internationally with other countries &
supranational organizations such as:
o USA
o EU
o The Nordic Council, (Denmark, Finland, Sweden, Norway and Iceland)
o The Baltic Assembly (Latvia, Lithuania, Estonia)
o ...
FUNCTIONING
The parliament meets in turn in the three capitals of the Member States. The parliament has ‘2-day’ plenary
meetings 3x per year. The functioning of the Benelux Parliament resembles the functioning of a national parliament,
were they debate on a certain topic.
Preparation: The parliamentary documents/dossiers are prepared by “Committees”, there are 7 different committees
that prepare different dossiers that will be discussed in the parliament (every committee focuses on a certain topic,
Justice & security, social affairs,…). There is also a PERMANENT committee that is responsible for the daily
organization of the parliamentary work.
BENELUX COMMITTEE OF MINISTERS
COMPOSITION
The committee of Ministers consists of at least one deputy of the government of each member states.
Normally the deputies are the MINISTERS OF FOREIGN AFFAIRS (3: 1 Belgian, 1 Netherlands, 1 Luxembourg).
But depending on the issues discussed, member states can also delegate another deputy. (Every member state
can, based on its internal distribution of competences, decide to let another member of its government take
part in the meeting).
So Ministers of foreign affairs or ad hoc appointed minister (specifiek in dit geval, deze discussie over dat topic
zal ik deze regional minister, bevoegdheden zijn verdeeld in België)
TASKS & RESPONSIBILITIES
The overall task of the Committee of Ministers is to take measures to ensure the implementation of the Benelux Treaty and to
accomplish the aims set out. The Committee is the heart of the Benelux organization, it’s the government (regering) of the
Benelux, because it’s the decision-making body (>< Parliament), but the decision making is by UNANIMITY (iedereen akkoord)
- They make TREATIES (binding decisions, that the member states needs to implement/follow), The agreements
adopted/created by the committee of Ministers are the most important legal instruments of the Benelux cooperation
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, - Formulate a multi-annual plan (common work plan: plan voor Benelux, met priorities), based on the proposition by the
secretariat-General. The Common Work Plan (CWP) is a strategic document that sets out the medium to long-term
goals and priorities for cooperation among the Benelux countries: Belgium, the Netherlands, and Luxembourg.
Preparation by standing committee and a number of thematic work groups (aparte werkgroepen die focussen op één
thematiek: for example one work group is focused on Senningen consultation themes)
BENELUX SECRETARIAT-GENERAL
COMPOSITION
The Benelux Secretariat-General is the lifeblood of the Benelux cooperation. It consists of 60 permanent international
officials managed by a Board of Secretary-Generals comprising a Secretary-General of the Dutch Nationality and 2 Adjunct
Secretary-Generals, one from Belgium and one from Luxembourg.
- The members of the Board are appointed by the Committee of Ministers for terms of 5 years. They manage the
entire agenda. They do the daily management.
TASKS AND RESPONSIBILITY
- Administrative Support: The Secretariat provides administrative support to the Committee of Ministers and other
bodies within the Benelux Union. This includes organizing meetings, preparing agendas, and managing
communication between member states.
- Policy Development:
o It assists in the development of the common Work Plan of the Benelux Union, it’s draws up
propositions/voorstellen for the plan of the Benelux.
o Responsible for making proposals needed for the execution of the Benelux Treaty
- Implementation of Decisions: The Secretariat assists in the implementation of decisions made by the Committee
of Ministers, helping to ensure that agreed-upon measures are effectively carried out by member states.
FUNCTIONING
The Secretariat-General is located in Brussels, in the so called “House of the Benelux” and functions as a neutral link
between the 3 Member State governments, to improve & coordinate cooperation. For the optimal functioning of the
Secretariat, the members are divided into 3 teams according to the main themes of the rejuvenated (new) Benelux
Cooperation:
- Team 1: Market
- Team 2: Sustainable Development
- Team 3: Justice and Home affairs
o This team has a lot of GROUPS
Senningen-consulation (police cooperation and crisis management)
Drug traffic
Immigration and visa issues
Fighting fiscal fraude
BENELUX COURT
The BENELUX court, is not a normal court, were people can come and sue somebody (another person or a state), NO
the Benelux court is an INTERSTATE COURT, it only deals with interstate issues. For example when Belgium is not
happy whit the implementation of the Netherlands of a certain Benelux treaty, Belgium has the possibility to sue the
Netherlands and bring them before this Benelux court. The reason for this possibility is that all the member states
need to interpret and implement the treaty in the SAME WAY!!!!
(3) INTERACTION WITH OTHER INTERNATIONAL ORGANISATIONS
BENELUX Influenced by Council of Europe : Council of Europe was first and the Benelux countries were influenced by the
counsil and were not really happy with the decision of the BIG group. They wanted more (intensive cooperation), so they
have a smaller circle of cooperation were the cooperation is more intense
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, InfluencING Schengen & European Union: Benelux was a testing ground, influenced Schengen & European Union
DEEL 2: SCHENGEN
WHAT IS “SCHENGEN”?
Schengen is like a small village where Luxembourg, France, and Germany meet. It's famous because it's where
the partnership (Schengen agreement = lifting of internal border, and border controls on persons) between the
Benelux countries (Belgium, the Netherlands, and Luxembourg), France, and Germany began.
Over time, the rules and agreements of Schengen (Schengen Acquis) became part of the European Union.
(with the Amsterdam treaty in 1997). However, it’s origin and historical development are discussed separately
to emphasize the importance of Schengen as a cooperation structure.
WHAT IS SCHENGEN?
Schengen refers to the Schengen Area, which is a zone NOW comprising 26 European countries that have lifted
internal border controls, between the countries (but the external border, de buitengrenzen van het gebied, are
still closed). This means that once you enter one of these countries, you can typically travel freely within the
entire area without having to go through border checks.
It began in 1985 as a project between 5 European countries (France, Germany, Belgium, the Netherlands and
Luxembourg) and gradually grew into the largest area in the world where people can travel freely.
The Schengen Agreement, signed in the village of Schengen in Luxembourg in 1985, laid the foundation for this
arrangement, aimed at promoting the free movement of people within Europe.
(1) ORIGIN AND HISTORICAL DEVELOPMENT
BACKGROUND
The Council of Europe (CoE =/= European Union) is an intergovernmental organisation with the goal of upholding human
rights, democracy and the rule of law in Europe. Founded in 1949, inspired by speech from Winston Chuchill.
They were thinking ABOUT how to rebuild and maintain peace on a shattered continent, given that Europe had been at the
origin of two world wars, the creation of such a body ideal.
- BUT at the formation of the COUNCIL OF EUROPE, there were actually 2 camps at the START.
o Camp 1: Intergovernmental organisation = an organisation were EVERY member state needs to agree,
so decision will be made by UNANIMITY. So they keep their sovereignty (decision-making power), if one
countries doesn’t want to follow a decision they CAN,… (Beslissingen worden meestal genomen op basis
van unanimiteit, wat betekent dat alle betrokken landen het eens moeten zijn met de beslissing. Zonder
de goedkeuring van alle landen kan er geen bindende beslissing worden genomen)
UK (Churchill) wanted this structure, to keep their sovereignty, and they won, so in the end
the Council of Europe was intergovernmental
HOWEVER this is REALLY SLOW
o Camp 2: Supranational = It means that the member states transfer some of their
decision-making power to an ORGANISATION above (supra) the member states. This
organisation makes binding decisions for all member states that need to be
implemented in the member states. SUPRANATIONAL is way quicker (supranationale
organisaties kunnen beslissingen nemen met een meerderheid/majority van stemmen,
wat een belangrijk verschil is met intergouvernementele samenwerking)
Because they choice an INTERGOVERNEMENTAL STRUCTURE for CoE, there
was a lot of dissatisfaction from the other European countries, this led to the
idea that we need a SUPRANATIONAL European structure. Because of the
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, problems of the council of Europe they can’t make the necessary quick decisions, due to being
intergovernemental
DUE to the dissatisfaction of some countries, they created the SUPRANATIONAL
European Communities (EC, samenwerking tussen verschillende europese landen),
this later became the European Union
o (1) European Coal and Steel Community (1951)
o (2) European Atomic Energy Community (1957)
o (3) European Economic Community (1957) Important!!!!!
EUROPEAN ECONOMIC COMMUNITY
The European Economic Community created the European Single Act in 1986, with the goal to establish an INTERNAL
MARKET by 1992 (= area without internal borders in which the free movement of goods, capital, services and persons is
guaranteed) for the entire European Community
- In this Act is stated that for EC citizens the controls at the internal borders would be limited to providing the necessary
documents to prove EC citizenship. (so still controls on borders to check if they are EC citizens), they could move rather
QUICKLY across the border (free movement), if they are an EC citizen (quick ID control).
o It’s SYSTEMATIC controls meaning SOMETIMES, there is a control not always!!!
The Schengen Agreement (14 June 1985) was implemented via the Convention of 19 June 1990. Meanwhile, the members of the
European Communities (12 states amongst which were the 5 Schengen countries) had signed the 1986 Single European Act (one
year later). This Act provided the gradual lifting of the internal barriers between the Member states in the areas of trade and free
movement of people by 1992. Because achieving these objectives/goals would take many years, it was agreed that the
INTERGOVERNMENTAL Schengen construction could continue to develop, but remain faithful to the SUPRANATIONAL European
Community aim of internal market. Schengen would later be integrated into a larger frame (more countries)
- However the EPC (INTERGOVERNMENTAL European Political Cooperation), wanted to ABOLISH all internal border
controls in the whole EC area in 1990 (inspired by Schengen agreement). So that’s why the Schengen countries waited
for some time to implement their agreement. However in the EPC (consists of EC members talking about NON-policies,
wanted to keep their sovereignty) there was a dispute and lack of consensus between some EC-members in 1990, so
there was NO DEAL (intergovernmental). That’s why the Schengen countries that made an agreement in 1985,
IMPLEMENTED Schengen in 1990, So EPC initiative was a FAIL. however it’s goal was eventually realized BY
SCHENGEN, and it’s implementation in European Union
SCHENGEN
Schengen agreement was signed in 1985 by 5 out of then 12 EC member states: (BeNeLux + France, Germany). They already
had initiatives amongst themselves to LIFT Internal Border control on persons
- (1) Benelux was the first were they lifted internal border controls
- (2) After that the Saarbrucken agreement was signed between France + Germany, were the lifted border controls
on persons (such as lorry/truck drivers transporting goods across border).
As a result: the Benelux countries and France and Germany signed the Schengen Agreement in 1985, in which they agreed to
the gradual abolition of internal border controls for persons at all their common borders. However, the Schengen area was
IMPLEMENTED in 1990 by the “Schengen Implementation Convention (SIC)” !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
AIMS (DOELSTELLING)
LIFTING INTERNAL BORDER CONTROLS FOR PERSONS
The SIC established a free movement of persons at the internal borders (lifting ALL controls on persons >< Single Act) and
reinforced controls at the external borders. (wel controle by de buitengrenzen). So the created an EXTERNAL border (because the
internal border were open). The border between countries from the Schengen area were open, however the outside border were
closed, (controlled)
- They made a distinction between two types of ‘movement’.
o 1. There was an ‘intra-Schengen movement’ (movement within the Schengen area) for which border controls
for persons no longer existed.
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, Also free movement of criminals, police were still bound to national borders (needs to be changed,
that’s why they were going to work together extraction)
o 2. There was the ‘external border movement” (movement in and out of the Schengen area which those
controls were reinforced/versterkt (airports, train stations, coastlines,…
FLANKING MEASURES
To support the policy regulating the entry of persons into the Schengen area, several flanking measures were introduced
(mechanisms to make it work in practice). "flanking measures" refer to additional policies and actions taken to support the
primary objectives of the Benelux union, such as economic cooperation. These measures are intended to address any side
effects, challenges, or gaps that arise from the main initiatives
CARRIER LIABILITY = legal responsibility for carrier companies (bus, plane,…) to check all the ID’s of the third-country people
that they transport (THEY need to check all the identities if they transport people into the Schengen zone), if not they could
get a fine…
OBLIGATION TO REGISTER: Providers of accommodation (hotels) NEED to register the ID of all guests (overnight stay), the
registration must be available for example the police if they need it.
HANDLING ASYLUM (ASIEL) REQUESTS & EURODAC:
1. Initially the processing of ASYLUM requests (vluchtingen) happened a “the country of first entry” (de landen aan de
frontlijn), mostly around the Mediterranean. So there was only one country responsible for the handling of an
asylum request. (would later on be changed)
o For example: If a refugee already landed in Italy, but traveled to Belgium to request asylum, Belgium
could send them back to Italy.
HOWEVER this principle is named the Dublin System, it’s an idea of the EPC (European Political
Cooperation) but Schengen countries would implement that Dublin system first.
Mechanism to determine the state responsible for an asylum application.)
2. How did they process asylum requests, due to the GENEVA CONVENTION, all refugees have the right to request
asylum. However, of course, countries could SAY NO to a request, if for example, Italy said NO most of the refugees
would go to the neighboring countries to request asylum there with a different ID, like France. Where they would
get accepted (because some countries are more strict than others).
o However the problem is with the internal border that are LIFTED that the refugee that was denied in Italy
and accepted in France, could move freely to Belgium.
Schengen made a change in this if Italy said NO, all the other member states need to follow
this decision. (we need to coordinate…) However an information system about the processing of
asylum requests came LATER EURODAC (2000: database about asylum seekers, with
fingerprints)
SCHENGEN VISA + VIS (VISA INFORMATION SYSTEM): Some tourists need a VISA to come to the Schengen area, we don’t
require a national visa (for example Belgian visa, to visit and stay in Belgium) because of the FREE MOVEMENT of people.
(they could easily take the train and visit Paris,…) That’s why there is a SCHENGEN VISA it allows individuals from third
countries (outside Schengen) to visit & travel freely within the Schengen Area for a specified period. It’s for SHORT-TERM
stay!!!! (some foreign countries don’t require a VISA, such as USA but the whole of Africa does require a VISA)
- The VIS, or Visa Information System, is a database used by Schengen Area countries to store and exchange visa-
related information. It holds information about people seeking a VISA. (photo, fingerprint,…)
POLICE & JUDICIAL COOPERATION: The SIC prioritized an improved cooperation between police and judicial authorities to
compensate for the removal of internal borders and respond to the possibility for criminals to actively abuse their right to move
freely in the Schengen area (Free movement of persons = free movement of criminals), so we NEED TO STEP UP the Police & judicial
cooperation within the Schengen Area.
- To support police authorities in tackling cross-border crime effectively, (Prüm convention 2005, so it took a long time)
o Cross-border observations/surveillance (but limitations) were possible
o Hot Pursuit (achtervolging) was regulated, normally the police needed to stop at the border, but now they
could go on (but limitations depending on the country; in time or in distance, or even not at all)
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, France 30min and 30 km, and you can’t arrest the suspect, because it has to be done by French police
Germany not at all!!!!
o Rules around the use of fire-arms in other countries by police from other countries were introduced
o Information sharing (this is what PRUM is know for!!!!!): The Parties now have (onder andere) direct access to
one another’s NATIONAL database: vehicle registration, fingerprint and DNA databases.
INFORMATION EXCHANGE VIA SIS: Information exchange was improved through the introduction of the Schengen
information system (SIS) allowing authorities, to monitor the Schengen external border (land, sea, air) to issue alerts
- The alerts relate to:
O 1. Foreigners who should be denied access to the Schengen area
O 2. Persons who need to be arrested
O 3. Missing minors
O 4. Person who intelligence services consider a threat to national security
O 5. Stolen vehicles or money
- Data protection: de data die verzameld wordt over verschillende individuen kan gevoelig zijn daarom ook
bescherming, een beperkt aantal zaken mogen in die data-informatie systemen mogen erin staan (bijvoorbeeld;
naam, uiterlijk,,…. andere zaken zijn te gevoelig mogen er niet in gezet worden, bv: WAAROM hij gearresteerd
wordt,…)
A central computer (CSIS) synchronizes various national parts (NSIS) of the SIS.
LINK WITH THE EUROPEAN UNION
The origin of the Schengen Area should be linked not only with Benelux cooperation but also with cooperation
at the level of the European Community, which later became the European Union.
As said before, the construction of the SCHENGEN AREA could continue because the internal market proposed
by the European Community would take a long time. However, the ultimate goal was that the Schengen Area
would later integrate into the LARGER European Structure .
The SCHENGEN AREA was really loyal to the European Community (because the 5 members were also members
of the EC). The idea was that ONLY EC member-states could join the Schengen Area.
Schengen was a success, that’s why the SCHENGEN rules also became a part of the greater European
Community (later: European Union). The Schengen rules are absorbed and implemented by the higher EC
legislation after a while all the EC members, became members of Schengen)
- Maastricht treaty (1992) = Creation of the European Union
- Amsterdam treaty (1997) = Integrate (samenvoegen) the Schengen-acquis into the European Union
o The Schengen agreement was created separate from EC (later: EU), but the Schengen Area
rules (acquis) were later integrated (samengebracht) into EU law. This means the Schengen
principles of open borders became part of the EU's legal framework
CONCLUSION
The Schengen Area started as a smaller group of countries working together to remove internal borders, but its
success and alignment with EC goals led to its integration into the broader European Union framework,
promoting free movement across a larger number of European countries.
(2) GEOGRAPHIC ENLARGEMENT
DOUBLING IN THE EARLY 1990S
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