Resolution submitted by: JEF Political Commission 2 – Internal European Policy

Adopted by the Federal Committee in Turku on 21 October 2018. Re-adopted by the online Federal Committee on 26 June 2021. Re-adopted and amended by the Federal Committee on 11 November 2023 in Madrid Spain. 

Free movement of citizens and the Schengen Agreements are two of the proudest achievements of the European Union. In recent years, however, we have repeatedly witnessed the reintroduction of internal border controls in the Schengen area. The reintroduction of border controls, often justified by the danger of terrorism and the impact of migration flows, is a national response to issues that affect all Europe and as such should be addressed with a European approach and it is also in direct contrast with the right of European citizens to have equality of access to the economic and social benefits wherever they live, work, or study.

 

JEF Europe,

• Recognising free movement of persons in the EU as one of the four important pillars of the Single European Market that constitutes one of the core achievements of European integration so far;
• Reiterating that the free movement of EU workers is a fundamental principle of European law enshrined in Article 45 of the Treaty on the Functioning of the European Union (TFEU) and developed by EU secondary legislation, such as Regulation (EU) No 492/2011 which requires equal treatment with regard to social advantages, and the Case law of the Court of Justice;
• Noting with appreciation that the Schengen Agreement has led to positive intercultural exchange, cooperation and development in multiple Euroregions;
• Noting with concern the growing number of member states that are reintroducing border controls [1];
• Further concerned by the reasons EU Member States use to justify the reintroduction or prolongation of temporary internal border controls still reflecting crisis-mode policy-making on migration, asylum and borders often explicitly and erroneously linking the (secondary) movements of migrants to terrorism;
• Stressing the fact that despite the understandable desire to feel secure, reintroducing border controls does not solve the problem of terrorism, rather, is detrimental to EU citizens, who cannot take advantage of the free movements within the Schengen area;
• Noticing that the future of Schengen and non-restricted free movement in the EU has been strongly affected by the inability of EU member states to commonly manage the external borders and the lack of a united approach to immigration of non-EU citizens;
• Emphasising the fact that the presence of migration flows is indeed a structural fact, and not a “crisis”, that needs longer term, structural solutions;
• Concerned by the inability of the Dublin III regulation, which places many responsibilities associated with migration on EU member states with external borders and does not take enough account of neither the asylum seeker’s will nor the capacity of municipalities to host asylum seekers without compromising on other obligations in the public interest;
• Deeply concerned about the construction of border fences which challenges the very fundamentals of the Schengen Agreement and the European Project as a whole [2];
• Rejecting the negative and destructive discourse driven by some political forces and leaders about the arrival of refugees, and the labelling of free movement as ‘welfare tourism’;
• Regretting the instrumentalisation of problems arising from poor implementation of the freedom of movement by governments and parties in different member states;
• Deploring that European citizens living in another Member State may find it difficult to know and assert their rights;
• Observing with concern that the European Integrated Border Management (EIBM) system does not replace the old intergovernmental and non-integrated model of border control and surveillance;
• Fully aware that freedom of movement has come up in many political debates in the United Kingdom as well as in Switzerland, but also noticing the many economic and social benefits it provided to the UK pre-Brexit and still provides to Switzerland today;
• Recognising the positive implementation of the temporary protection regime for Ukrainians refugees, including the freedom of movement, while expressing concern over the application of inconsistent standards for refugees of other backgrounds;
• Recalling JEF resolution “For a common migration and asylum policy”;

 

JEF Europe therefore:

1. Demands the immediate and full re-establishment of the freedom to travel within the Schengen area without restrictions;
2. Calls upon the Member States to implement a coherent and effective federal border policy with adequate financial capacities to achieve their mandate of fully respecting EU borders and the asylum acquis, as well as the EU Charter of Fundamental Rights;
3. Claims that the effective functioning of the Schengen Area is closely linked to comprehensive and coherent policies on welfare, asylum, and border management, and stresses the importance of a holistic, well-coordinated and human rights-based approach to ensure the security, welfare, and prosperity of both EU citizens and those seeking refuge within its borders;
4. Demands that the EU and its Member States continue fostering development and exchange in Euroregions, emphasising that such initiatives contribute to regional stability, economic growth, and cultural understanding;
5. Estimates that the establishment of a common policy for the protection of external borders, based on more cooperation in security and information exchange is important to guarantee free movement without restrictions in the Schengen area;
6. Emphasises the crucial necessity for democratic accountability in border control and Frontex operations, which must be rooted in fundamental EU values, because protecting the Schengen Area must never serve as a pretext for policies or practices that do not uphold human rights;
7. Urges Member States to strengthen their efforts in moving a common European asylum system (CEAS) forward, guaranteeing a fair, humane and controlled migration to the EU territory as a crucial part to prevent future restrictions to the freedom of movement of EU citizens while giving non-EU citizens a transparent framework and secure migration paths to the EU;
8. Demands European leaders accept and implement the reform of the Dublin Regulation as voted for by a large majority of the European Parliament in November 2017;
9. Asks the Commission, the European Parliament as well as the Member States to clearly refute common misconceptions about free movement by fully pointing out already existing possibilities within European law that allow for nuanced approaches to cross-border migration;
10. Urges that the Schengen Area is to be protected and guaranteed and thus should be separated from negotiations related to external policies and Member States’ home affairs which lay beyond the scope of articles 25-29 of the Schengen Border Code;
11. Demands that all physical walls, fences, and barriers of any sort established between EU Member States be torn down, noting the negative messages such obstructions send and the dark connotations of their historical predecessors;
12. Demands all EU institutions to continue to support measures aimed at improving the access to free movement of people, such as the free movement of workers and increasing workers’ mobility;
13. Instructs the European Commission to be given more appropriate tools for stricter control of the suspensions of the Schengen Agreement made by Member States and Schengen countries;
14. Demands that Member States respect the social rights of all citizens who have the right to freely move within the area of free movement of people and thus help to concretely implement and guarantee the European Pillar of Social Rights;
15. Clearly rejects and asks Member States to reject any plans to restrict mobile citizens’ social rights since they go against the aim of an equal standard of living in the EU and present a burden to free movement;
16. Demands that citizens should be informed about their rights by innovative means involving school education and making access to such information easily available for mobile citizens and to qualify public authorities to guarantee that mobile and cross-border citizens benefit from their welfare and social rights when dealing with lower local authorities according to the principle of subsidiarity;
17. Urges the European Council to approve the integration by the end of 2023, at the latest at the Justice and Home Affairs Council meeting in December, as demanded by the European Parliament of Romania and Bulgaria in the Schengen space.

[1]

Actual situation (26.10.2023):

https://home-affairs.ec.europa.eu/policies/schengen-borders-and-visa/schengen- area/temporary-reintroduction-border-control_en

[2]

About barriers and fences s at the EU’s external borders and within the EU/Schengen