2.2 of the
Schengen Convention, which has articles 62.1 and 64 of the EC
Under the current
Schengen Convention, a state may restore controls at its borders only "where public policy or national security so require" for a "limited period".
According to the current
Schengen Convention, a state can already re-establish border controls "where necessary for the public order or national security" and for a "limited period".
The
Schengen Convention (setting up an area that now includes 25 EU member states in which there are no controls at internal borders) does not provide for this type of movement for holders of long-stay visas of more than three months and less than one year(1).
However, no other EU member state wished to fuel the debate on the use made by Switzerland of provisions of the
Schengen Convention. "No comment" to the questions in this direction, stated Spanish Interior Minister Alfredo Perez Rubalcaba, whose country is presiding over the EU for six months.
The
Schengen Convention and Borders Code do not oblige member states to expel third-country nationals who do not meet applicable conditions for stays on its territory.
The advocate-general's opinion: the
Schengen Convention and the Schengen Borders Code do not oblige a member state to deport third-country nationals who do not meet the residence conditions laid down in the convention.
To recall, the Schengen acquis was developed as an intergovernmental process, beginning with the
Schengen Convention in 1985, in which the UK did not participate.
It is unclear if these clauses are meant to supplement or replace Articles 40 and 41 of the
Schengen Convention, which already allow for cross-border police surveillance and hot pursuit.
The SIS allows member states to immediately transfer enquiries to other member states party to the
Schengen Convention. Germany would like to complete the assessments, currently in progress, into whether the new member states (except for Cyprus, Romania and Bulgaria) are ready to join the Schengen zone.
"There was no agreement at all, due to unanimity, after two years of deep discussion," said Frattini, referring to a Commission proposal to the Council in 2005 to amend the
Schengen Convention so as to allow for greater practical cooperation.