EU: The Amsterdam Treaty (feature)
01 May 1997
"Confirming their attachment to the principles of liberty, democracy and respect for human rights and fundamental freedoms and the rule of law."
Preamble to the Treaty of European Union signed at Maastricht, 7 February 1992.
"The Court of Justice shall have no jurisdiction to review the validity or proportionality of operations carried out by the police or other law enforcement agencies of a Member State or the exercise of responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security."
Amsterdam Treaty, 17 June 1997. Articles H.2 of the new Title on free movement, asylum and immigration, K.7.5 of the revised Title VI and B.1 of the Schengen Protocol.
The Schengen acquis
The Schengen acquis includes:
1) the 1985 Agreement between Germany, France, Belgium, Luxembourg and the Netherlands;
2) the 1990 Convention implementing the Agreement;
3) the Accession Protocols and Agreements to the 1985 Agreement and the 1990 Implementing Convention with Italy (signed 27 November 1990), Spain and Portugal (signed 25 June 1991), Greece (signed 6 November 1992), Austria (signed 28 April 1995) and Denmark, Finland and Sweden (signed 19 December 1996). Iceland and Norway are to be "associated" on the basis of an Agreement signed 19 December 1996.
Italy, Greece, Finland and Sweden have yet to complete ratification. Denmark completed parliamentary ratification on 30 May. Austria has completed the ratification process.
The current members of Schengen are split into two groups: 1) the seven EU member states who have signed, ratified and are implementing the Agreement - Germany, France, Belgium, Luxembourg, Netherlands, Spain and Portugal, and 2) the six EU member states who are not yet implementing it - Austria (signed and ratified), Denmark (signed and ratified), Sweden (signed), Finland (signed), Greece (signed), Italy (signed). Plus Norway and Iceland, "associate" members, (signed). "Implementing the Agreement" means for example, putting files on and using the Schengen Information System (SIS).
4) The Decisions and declaration adopted by the Schengen Executive Committee "as well as acts adopted for the implementation of the Convention by the organs upon which the Executive Committee has conferred decision making powers".
Under the Protocol integrating the Schengen acquis into the framework on the EU the legal status of each of the "provisions" and "decisions" has to be "determined". Below is a broad indication of the likely "determination":
The provisions in the Convention implementing the Schengen Agreement plus the related decisions in the Schengen acquis (173 decisions, 1990-1995):
Title II: Articles 2-38
Abolition of checks at internal borders and the movement of persons ("first pillar")
3 decisions on internal borders
22 decisions on external borders
4 decisions on re-admission
23 decisions on visas
4 decisions on asylum
Title III: Articles 39-91
Police and security ("third pillar")
5 decisions on police cooperation
11 decisions on judicial cooperation
3 decisions on extradition
10 decisions on drugs
Title IV: Articles 92-119
The Schengen Information System ("first" and "third" pillars)
31 decisions on the Schengen Information System (SIS)
16 decisions on SIRENE
4 decisions on the Joint supervisory body
Title V: Articles 120-125
Transport and movement of goods ("first pillar")
2 decisions on this Title
The Amsterdam Treaty
The Amsterdam Treaty, signed on 18 June, by the 15 EU governments amends both the Treaty of the European Communities (TEC, "first pillar") and the Treaty of European Union (TEU, the Maastricht Treaty, "third pillar").
Within a new Chapter 2 on the so-called "area of freedom, security and justice" are both a new Title on free movement, immigration and asylum and a revised Title VI covering policing, customs and legal coop