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| Schengen Convention (1990) | |
|---|---|
| Name | Schengen Convention |
| Long name | Convention Implementing the Schengen Agreement |
| Date signed | 14 June 1990 |
| Location signed | Schengen, Luxembourg |
| Date effective | 26 March 1995 |
| Signatories | Belgium, France, Germany, Luxembourg, Netherlands |
| Parties | original signatories and later acceding states |
| Languages | French language, Dutch language, German language |
Schengen Convention (1990) The Schengen Convention (1990) is the multilateral treaty that implemented the 1985 Schengen Agreement by creating a legal regime for the abolition of internal border controls and common rules on external border checks, visas, asylum and police cooperation. Negotiated and signed in Schengen, Luxembourg by representatives of Belgium, France, Germany, Luxembourg and the Netherlands, the Convention set detailed measures later applied across much of Europe. It established mechanisms that linked national practice with regional frameworks involving institutions such as the Council of the European Union, European Commission, and later the European Union legal order.
The Convention emerged from earlier initiatives including the 1985 Schengen Agreement and negotiations involving ministers from Benelux, France, and Germany seeking to implement provisions similar to those in the Treaty of Rome and cooperative models like the European Economic Community. Drafters referenced operational models such as the Treaty of Maastricht discussions, cross-border instruments exemplified by the Benelux Economic Union, and precedents in police cooperation from the European Convention on Mutual Assistance in Criminal Matters. Negotiations involved diplomatic delegations from signatory states, national ministries linked to internal affairs, and technical experts drawing on practices from Aachen accords and bilateral accords like the Treaty of Verdun (historical territorial cooperation parallels). The political context included debates in national parliaments of Belgium and Netherlands and scrutiny by organs such as the European Parliament.
The Convention codified the abolition of checks at common internal borders among contracting parties and set out harmonised rules for external border controls, visas, and the gradual approximation of asylum procedures inspired by instruments like the Dublin Convention framework. It provided for operational measures for cross-border police cooperation, hot pursuit, and information exchange mechanisms resembling those later institutionalised in the Schengen Information System and interoperable with data systems discussed in the Convention implementing the Schengen Agreement negotiating records. Provisions established common visa lists, procedures for carrier sanctions, and containment of irregular migration drawing on precedents such as the Common Travel Area and refugee processing practices from the 1951 Refugee Convention. It also outlined safeguards for fundamental rights by referencing judicial remedies available under national constitutions and supranational courts like the European Court of Justice.
Implementation required sequential operational steps, including construction and staffing of external border posts at airports and seaports connecting to states such as France and Germany, establishment of the Schengen Information System databases, and coordination with national police forces like the Police Nationale and Bundespolizei. Phasing included transitional arrangements for irregular migration control and visa harmonisation that were synchronised with enlargement rounds involving Austria, Spain, Portugal, and later Italy and Greece. Technical committees modelled on intergovernmental task forces worked alongside the European Commission and the Council of the European Union to ensure interoperable standards in document security and biometric identifiers comparable to those later used in the Eurodac system.
Member states experienced the removal of routine passport controls at internal frontiers, altering responsibilities of national agencies such as customs services and coast guards like the Guardia di Finanza and prompting enhanced cooperation among police services including the Gendarmerie Nationale and the Royal Netherlands Marechaussee. The Convention reshaped air, land and sea transport by harmonising visa requirements affecting carriers such as Air France and Lufthansa and influenced judicial cooperation in criminal matters alongside instruments like the European Arrest Warrant that followed. Economies and regional mobility in border regions such as the Greater Region (France-Luxembourg-Germany-Belgium) and cross-border labour markets like those between Luxembourg and France adjusted to freer movement patterns.
Initially an intergovernmental treaty outside the European Communities legal framework, the Convention was later integrated into the European Union acquis through protocols and incorporation into secondary law, linking it to jurisprudence of the European Court of Justice and policy coordination within the Council of the European Union. Its relationship with instruments such as the Treaty of Amsterdam and directives on visas and asylum created a hybrid legal status combining intergovernmental cooperation and supranational oversight. National constitutional courts in signatory states, including the Bundesverfassungsgericht and the Conseil constitutionnel, reviewed compatibility of measures with fundamental rights and national constitutions, while the ECJ addressed questions on the interpretation of Schengen-derived measures.
The Convention was supplemented by the Convention implementing Schengen measures and by accession agreements for states such as Austria, Denmark, Sweden, and Finland, and later extended to countries including Spain and Portugal. Successor frameworks include incorporation into EU treaties and secondary legislation such as the Schengen Borders Code and operational systems like the SIS II and EUROSUR. Amendments and protocols addressed data protection in line with rulings concerning systems like Eurodac and developments in the General Data Protection Regulation.
Critics pointed to tensions between free movement and national sovereignty debated in forums such as national parliaments and the European Court of Human Rights, controversies over data sharing and privacy involving European Data Protection Supervisor-style scrutiny, and challenges during crises such as the 2015 migration surge and security incidents prompting temporary reintroduction of internal border controls by states including France and Germany. Debates involved political parties like Front National and Alternative for Germany and governments in Hungary and Poland over opt-outs and compliance. Legal disputes arose over the balance between Schengen measures and asylum law instruments like the Dublin Regulation and the role of EU institutions such as the European Commission in enforcement.