Enhancing Schengen Security: Commission's Recommendation
27 March 2024 // Published in printed Issue 4/2023
Pingen Kopie Dr. Anna Pingen

On 17 January 2024, Commission Recommendation (EU) 2024/268 on cooperation between the Member States with regard to serious threats to internal security and public policy in the area without internal border controls was published in the Official Journal (2024/268). The recommendation advocates for a collaborative approach at all political, administrative, and operational levels in order to combat threats effectively in the Schengen area. It builds on existing legal frameworks that facilitate operational cooperation and information exchange among police and judicial authorities. Measures in visa and return policy areas are also being developed to compensate for the absence of internal border controls.

Key aspects include:

  • Encouraging Member States to establish permanent contact points to ensure a swift response to serious threats against public policy or internal security and to enhance law enforcement cooperation and information sharing;
  • Recommending the continued development of capacities for joint measures, including bilateral agreements for cross-border law enforcement cooperation and joint risk analyses in order to address threats effectively;
  • Highlighting the importance of giving effect to Council Recommendation (EU) 2022/915 on operational law enforcement cooperation (→ eucrim 2/2022, 120), thus improving operational cooperation in combating threats, with a focus on joint patrols, hot pursuits, and the pivotal role of police and customs cooperation centres;
  • Underlining the need for joint actions against migrant smuggling and irregular migration, emphasizing the significance of shared information and coordinated actions to manage migratory pressures and unauthorised movements;
  • Advocating for measures to address unauthorized movements of third-country nationals, such as intensified police controls in internal border areas;
  • Applying mitigating measures to limit the impact of any measures adopted to address the serious threats to public policy or internal security. Such measures include the limited use of systematic checks, preference to mobile checks in the territory of the Member States over static checks at fixed locations, and the use of modern technologies and passenger information for a risk-based data-driven approach on better targeting the checks.

The recommendation also underscores the ongoing dialogue between the Schengen Coordinator and Member States, aiming for a structured, coordinated, and common European response to shared challenges: fighting terrorism and cross-border organized crime and effectively managing migration.

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EU Schengen Commission Law Enforcement Cooperation

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