European Migration and Diversity

Immigration, Integration and Asylum Forum


The Schengen evaluation mechanism and the legal basis problem: breaking the deadlock

31 January 2012
Yves Pascouau (Senior Adviser to EPC on migration and mobility policies)



One of the immediate effects of the Arab Spring was the launch of intense discussions about 'Schengen governance'. While the package of proposals presented by the European Commission has opened a new debate regarding the possibility of reintroducing internal border checks, it has revived an 'old' proposal to make evaluating the implementation of Schengen rules more efficient. However, discussions on the latter are blocked due to a problem related to the legal basis, which has a significant impact on the European Parliament's (EP) participation – or lack of – in the process. There is currently a major risk of the proposal not being adopted. This would mean that the evaluation of the implementation of the Schengen acquis would remain unchanged. Mutual trust would not be strengthened and the free movement of persons would consequently be weakened. In this Policy Brief, Yves Pascouau proposes some solutions in order to break the deadlock.

The Schengen evaluation mechanism and the legal basis problem: breaking the deadlock

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