THE MEMBERSHIP IN THE SCHENGEN AREA AS A STRATEGIC OBJECTIVE FOR THE REPUBLIC OF BULGARIA - Sciendo
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International Conference KNOWLEDGE-BASED ORGANIZATION Vol. XXVII No 2 2021 THE MEMBERSHIP IN THE SCHENGEN AREA AS A STRATEGIC OBJECTIVE FOR THE REPUBLIC OF BULGARIA Milena YOTSEVA-KANCHEVSKA Varna Free University "Chernorizets Hrabar", Bulgaria myotsevakanchevska@gmail.com Abstract: Until the escalation of the Covid-19 pandemic, joining the Schengen area was between the major foreign policy priorities for Bulgaria and Romania. Now, when having more clear view of the way out of the crisis, it is time to reopen that issue. The accession to the Schengen area will be associated with both internal and external political consequences, as well as economic ones. Despite all the benefits and advantages, the Bulgaria and Romania, in their perspective of future members of the Schengen area, have a huge responsibility arising from the forthcoming assumption of functions at the external border to ensure the security not only of Bulgarian and Romanian, but also of all European countries. Keywords: Schengen area, Accession, Bulgaria, Romania, Covid-19. The Schengen system is a special form of Union law to ensure the implementation of intergovernmental cooperation between the Schengen framework. For example, in some of the EU Member States, which has Annex II to Art. 4, para. 1 of the Treaty of grown over the years and currently Accession of the Republic of Bulgaria and includes 22 EU countries (Belgium, the Romania to the European Union sets out the Czech Republic, Denmark, Germany, provisions of the Schengen acquis, which Estonia, Greece, Spain, France, Italy, are binding and apply in both countries Latvia, Lithuania, Luxembourg, Hungary, from 1st of January 2007 [1]. Malta, the Netherlands, Austria, Poland, Until the escalation of the Covid-19 Portugal, Slovenia, Slovakia, Finland, pandemic, joining the Schengen area was a Sweden), 4 non-EU countries (Iceland, major foreign policy priority for Bulgaria Liechtenstein, Norway and Switzerland) and Romania, which was on their foreign and 3 European micro-members (Monaco, agenda on a daily basis. With the Covid-19 San Marino and the Vatican) maintaining appearance and the subsequent imposition open borders with other Schengen Member of restrictive measures by individual States. During the years, the Schengen area Member States to restrict travel, including has become a prerequisite for the new EU the restoration of border controls and the member states to commit. However, their closure of borders between the Schengen integration into the system is not an countries, many questions have raised about automatic consequence of their accession to the future functioning of the European the EU, but occurs only after the adoption Union's fundamental freedoms, namely the of the necessary internal legal framework free movement of people, goods, services and the establishment of the administrative and capitals. The candidatures of Bulgaria and technical structures required by the and Romania for Schengen were been DOI: 10.2478/kbo-2021-0080 © 2015. This work is licensed under the Creative Commons Attribution-Non Commercial-No Derivatives 3.0 License. 237
displaced by the pandemic's existential challenges that the state and society must be health, social and economic issues for the ready to meet: future of humanity. At present, when there • Domestic policy consequences are already vaccines, treatment and a clear The Schengen agreements primarily perspective for overcoming the crisis, it is concern the movement of people towards time to review the priorities from before its and within the Schengen area. Therefore, onset, among which is the accession of considering the two parallel processes - Bulgaria and Romania to the Schengen emigration from Bulgaria and immigration area. to the EU (including Bulgaria) - is a key Here is the place to recall what the cost of point in considering the domestic political a long-defunct Schengen area would be, consequences of Schengen accession. With because temporary border controls not only regard to emigration, increasing freedom of hinder the free movement of people, but travel facilitates the travel and settlement of also involve significant economic costs. In Bulgarian citizens in other Member States. the Communication from the European According to the statistics, between Commission to the European Parliament, 700,000 and 1,000,000 Bulgarian citizens the European Council and the Council by in working age have left Bulgaria since the 2016 [2], long before the Covid-19 early 1990s (7.9% of the population pandemic, it is estimated that the overall between 1997 and 2007, according to the restoration of border controls in the latest Eurostat data). According to the Schengen area would cost between € 5 European Commission, in the last five billion and € 18 billion per year (or from years before the Covid-19 pandemic, 0.05% to 0.13% of GDP). This cost will be 2.4% of the labor force in Bulgaria has borne mainly by the certain economic left the country, which puts it among the operators and regions, but will inevitably countries with the highest percentage of affect the EU economy as a whole. For economic immigrants, along with example: Romania and Lithuania. [3] This is a • for countries as Poland, Netherlands natural process that cannot be controlled by and Germany the additional costs for of prohibitive measures. The only way out is road haulage will exceed € 500 million; to make the country sufficiently attractive • for the companies in Spain and and competitive to the other European Czech Republic it will amount to EUR 200 countries in terms of payment (salaries), million; security and quality of life. • the loss of time due to border The economic and social benefits of controls will cost to 1.7 million cross- emigration - both for Bulgaria and for the border workers between € 1.3 billion and € host countries, are indisputable and huge. 5.2 billion; Nearly 4 billion euros a year (according to • at least 13 million tourist nights, official data) support thousands of families worth a total of 1.2 billion euros, could be in Bulgaria. [4] However, the pace of lost; emigration has a negative impact on the • between € 0.6 billion and € 5.8 economic and social development of the billion in administrative costs which the country. Bulgaria's accession to the EU has governments will have to pay due to the made it an external border of the union, need to increase border control staff. with the ensuing obligations to prevent The Bulgaria's accession to the Schengen illegal immigration and accompanying area will be associated with both internal security threats from third countries. and external political consequences, as Entering the Schengen area will multiply well as economic ones, because along with the importance of Bulgaria, as entering the the undoubted benefits, there will be territory of the country will mean free access to movement to any point in the 238
Schengen area. Dealing with the pressure of motivating these citizens to return and stay illegal immigration will be a measure of our in their countries. country's effective participation in the As an external border of the EU, Bulgaria is Schengen agreements. expected to prevent undesirable phenomena Bulgaria's geographical location in the Schengen area, such as illegal predetermines its role as an external border immigration, human trafficking and the of the European Union and its task to development of organized crime. control human flows, including stopping The potential contradiction between illegal immigration and organized crime to ensuring more security and respect for civil the EU. A Europol report fears that rights is also a serious challenge, as the Bulgaria and Romania's accession to the Schengen agreements create huge databases EU will connect the Balkan and Black Sea of personal information that can be used regions, creating a new center for organized maliciously. The Schengen Information crime in Europe. From this point of view, System contains a huge amount of data Bulgaria is considered to be at risk from related to people and vehicles passing several directions. In the first place with the through the Schengen area. Added to this is highest risk for Bulgaria as an entrance to the new second generation SIS II system, the EU is the Eastern Mediterranean route which is an even larger information array, of illegal immigration from Turkey, which supplemented by biometric data. If similar is used mainly by citizens of countries in systems such as Eurodac and the common the Middle East, North Africa and Turkey Visa Information System are added to this, itself. The second is from the Western the fears of who and how uses these vast Balkans to all neighboring countries. The arrays of information increase. In this third, which has already registered context, there is a risk of misuse of this data increased activity to and from the Central by inappropriate people in Bulgaria, which and Eastern European route, is mainly from can be attacked by independent Russia, Ukraine, Moldova and Belarus via organizations of civil rights and also by Poland, the Czech Republic, Slovakia and non-governmental organizations. Hungary. • Foreign policy consequences When assessing the risk of illegal The prospects for the development of the immigration, in addition to increasing the visa policy between Bulgaria and its attractiveness of Bulgaria as part of the EU neighbors are a function of the relations in and as a result of its geographical location, the triangle Bulgaria - neighboring we must take into account the broader countries - European Union. In practice, context, which is mainly related to the this means that at the bilateral level conditions in the country that is a source of between Bulgaria and its neighbors the immigration. According to FRONTEX, the regulation of relations can be carried out greatest migratory pressure from Iraq and only within narrow limits and as temporary Afghanistan was in the period 2001-2003, and limited improvements – ie. Bulgaria which coincided with the period of greatest can afford to act only within the framework instability in these countries [5]. This of the common European requirements. confirms the conclusion that a package of The prospects for EU membership or the measures is needed to combat illegal existence of special relations between these immigration, which should also focus on countries and the Union must be taken into combating the roots of this phenomenon. account when considering the progress of The EU as a whole is trying to prevent visa and similar regimes. Our direct these phenomena in cooperation with the neighbors to the west are seen as potential countries that are the source of migration by candidate countries, and facilitated or visa- offering them compensatory mechanisms - free travel is part of the package that will such as helping their border services or accompany membership negotiations. 239
Turkey is in negotiations, but it is a very many people with anti-Bulgarian positions specific case and the free movement of take a passport for purely opportunistic people will be one of the last issues to be purposes. For most Macedonian citizens, resolved. The countries of the Black Sea the Bulgarian passport is needed to find a area are considered in the framework of the job in other EU countries, without having European Neighborhood Policy and the anything else in common with the Republic special EU strategy for the region, the so- of Bulgaria. The process of obtaining called "Black Sea Synergy", which include Bulgarian citizenship is often associated declarations to facilitate the travel of with allegations of corrupt practices. people. With regard to the Republic of Turkey, Until its accession to the EU and as a there is an asymmetric regime between the "price" for its own visa-free regime with two countries, in which Bulgarian citizens EU countries, Bulgaria had to travel visa-free and Turkish visas are unconditionally meet the requirements, required. Bulgaria in this case is treated which include the introduction of restrictive privilegedly, as many European countries measures - visa regime for neighboring have a reciprocal measure imposed by the countries that do not have a free travel Turkish side, ie. their citizens need a visa agreement with the EU. The imposition of a for our southern neighbor. In difference visa regime on Macedonia and Serbia has from the citizens of other countries of the had negative consequences, manifested in a Western Balkans, which would receive decline in economic and political relations, comperatively easier facilitations to travel, including at the level of public opinion. In the case of Turkish citizens is a little bit fact, Bulgaria delayed until the last possible more complex as this country, with large moment (early 2007) the introduction of and according to the Western European these restrictions for its two closest standarts poor population, is considered a neighbors, Macedonia and Serbia, in source of migratory pressure. The problems recognition of the multifaceted political and with the integration of Muslim communities economic negative effects this would have in Europe further worsens the political and on a bilateral and regional level. societal attitudes toward immigration from The visa regime between Bulgaria and its Turkey. neighbors largely impedes political, The countries of the Black Sea zone, after economic, trade and human contacts and the accession of Bulgaria and Romania, should be optimally facilitated or, where became immediate neighbors of the possible, abolished. With regard to European Union. For Europe, this region is Macedonia and Serbia, the policy of the important for several reasons. It is a major Bulgarian state for granting Bulgarian transit route for energy imports, for citizenship to persons in those countries example, stopping gas for Ukraine in any who declare and prove Bulgarian origin dispute in Russia means stopping gas for must also be taken into account. Although Europe's economy and ordinary consumers. this policy is seen as a logical, kind of In terms of security, the region has serious compensation for historical processes - problems with "frozen" conflicts, unstable especially the imposition of borders on the statehood and organized crime. Between Balkans and the artificial division of these countries (eg Moldova and Ukraine) peoples, it is not perceived unequivocally. and EU countries (Romania, Poland) have In the Republic of Macedonia, she has often specific, historically determined close been the target of anti-Bulgarian attacks in relations, which makes them a priority for a the media, with accusations of depriving group of EU countries lobbying for closer Macedonian citizens of their identities. ties. Large groups of citizens of these From the Bulgarian point of view, this countries are already forming significant policy also contains controversial points, as immigrant communities (mostly illegal) in 240
Europe. Within the EU, the countries of the abolish the visa regime, visa facilitation region are covered by the European procedurs have to be introduced through a Neighborhood Policy and the new Black wider range of consulates, increased staff, Sea Synergy Strategy (2007), which contain innovative systems such as e-visas, and an a strong political will for facilitate traveling efficient system for submitting and [6]. receiving documents, facilitated visa Relations between Russia and the EU are services for a number of categories of regulated by the EU-Moscow strategic citizens – business people, cultural figures, partnership with the so-called "Four spaces" scientists, etc. of cooperation, one of which concerns the • Economical consequences movement of people. For Bulgaria, the The benefit of Bulgaria's accession to the Black Sea region is of an additional EU, including the facilitated travel to all importance, as Moldova and Ukraine have direct neighbors, is registered with an two of the largest Bulgarian communities increased number of trips and exchanges. abroad, which means that they are subject Facilitated travel leads to a new type of to the priority state policy, including integration at the subregional level between granting citizenship. two countries, e.g. Western and In the medium term, Bulgaria's entry as a full Southwestern Bulgaria and Northern member of the Schengen area will give even Greece, southern Romania and northern greater freedom of movement in the region, Bulgaria. Bulgaria's accession to the whereby citizens of neighboring countries Schengen area will facilitate the crossing of will be able to benefit from uniform national land borders with other Member Schengen visas. Most likely, in parallel, States. Upon Romania's accession jointly neighboring countries with EU candidate with Bulgaria, this will have a beneficial status may be granted the right to visa-free effect on crossing the borders with travel during this period - similar to what Romania and Greece. Bulgaria had between 2000 and 2007. The accession of Bulgaria and Romania As the restrictive elements of the Schengen to Schengen will create additional Agreement are designed to protect conditions for the development of a European citizens from unwanted common economic space in the region. immigration and organized crime from third This implies the integration of value added countries (the Balkans and the Black Sea chains, ie. deepening the area are considered both a major source and interconnectedness of enterprises in the transit area for illegal immigrants and region. This is related to the tendency for criminal threats east-west) , the most logical disappearance of national representatives and effective way to facilitate or eliminate within the global corporations operating in the visa regime is to stimulate reforms in the region, as the integration depends on the the countries to eliminate the causes of EU ability and readiness of the specialized staff concerns (in the field of security, to move quickly and conveniently within uncontrolled immigration, organized crime, the territory for which they are responsible. etc.) [7]. For the countries of the Western Preparations for Schengen accession Balkans, the best way to abolish the visa directly improve the country's business regime in this case is to increase the status environment. The implementation of of these countries vis-à-vis the EU. In the European requirements for the Union's first place, they have to be assisted in external borders also reduces barriers to implementing the reforms for EU trade with third countries - this is done membership, in general and in particular, through the introduction of a "single slip" provided with technical and expert advice system, "one stop control" (joint border to meet the requirements for visa-free control by the two countries), speeding up travel. In cases where it is not possible to the crossing and improving the border 241
checkpoint as well as the quality of service, ordinary Bulgarian citizen, it would also etc. From the Bulgarian business point have much deeper positives for our country, of view, the trend is largely positive. The providing it with international political easing of border controls (and its expected prestige, leading to greater security and abolition upon entry into Schengen) affects growth of foreign investments. two neighboring countries with higher The long-term negotiations for the entry of nominal average household incomes, which Bulgaria and Romania into the Schengen means an overall increase in solvent area have shown that its accession is far demand with an increase in the number of from being linked only to the fulfillment of visitors for "purchases" in Bulgaria - which the technical criteria that we have fulfilled affects both volumes and prices in retail long ago. It is a political card that is outlets. The business will have constantly being played out by current opportunities to attract more customers members to achieve their national intra- from neighboring countries or to grow community goals towards Bulgaria and directly. Consumers will benefit both from Romania, with which we are going in a access to alternative shopping package on the way to our Schengen opportunities, use of services, and from membership. Despite the known optimal prices in the face of increased discouraging effect of this fact, this is competition in a wide regional market. In undoubtedly the right path for the two the longer term, the effects on the business countries, taking into account the objective environment will be increased competition truth that Bulgaria, Romania and the on a regional scale, reduced monopolies Schengen area need each other. and reduced cartelization [8]. Schengen is undoubtedly one of the EU's Despite all the benefits and advantages, the most recognizable achievements for the Bulgaria and Romania, in their new candidate countries from the Western perspective of future members of the Balkans. In November 2019, the regional Schengen area, have a huge initiative "Mini-Schengen" was agreed in responsibility arising from the Ohrid to remove obstacles to the free forthcoming assumption of functions at movement of goods, services, capitals and the external border to ensure the security people between Serbia, Albania and not only of Bulgarian and Romanian, but Northern Macedonia, on their way to EU also of all European countries. The membership. Of course, a number of challenges facing Bulgaria and Romania, meetings are forthcoming to clarify the respectively, in order to meet the specific program for creating such an area expectations of other Member States are and seeking EU support. But we see that the related to the fight against terrorism, integration policy changes its algorithm and organized crime, controlling the influx of if until now it was first the political act of immigrants, providing asylum to refugees EU membership and then came Schengen, and combating illegal trafficking. Eurozone, etc., in the countries of the Western Balkans it is sought first the Conclusion practical integration, striving to meet the The Schengen area is undoubtedly one of needs of citizens and businesses for free the EU's greatest and most valuable movement and subsequently comes the goal achievements, for the benefit of citizens of the political act of EU accession. This is who are free to move within it. For undoubtedly a response to France's Bulgaria, joining the Schengen, like opposition in October 2019 to start Eurozone membership, is a key priority, negotiations with Northern Macedonia and which enjoyis broad public support, in our Albania for EU accession. But given the natural path to further full integration into specifics of the Balkan mentality and local the EU. Apart from the benefits for the historical features, it may be far more 242
workable than the model with Bulgaria and processes between the countries of the Romania, where, in search of rapid political Western Balkans on their way to the EU. and territorial enlargement of the Union, the Such a leading role of us, coordinated with two countries were admitted in 2007, and the EU, in the processes in the region, accession to the Schengen area 14 years would undoubtedly lead to the need for our later remains unclear. In any case, Bulgaria more recent accession to Schengen. should support and facilitate the integration References List [1] Kanchevski. T, Hristov. M, The Schengen area as an foreign policy priority of Bulgaria, p. 542 and p. 543, XIV International scientific conference ISME, June 19-23 2016, Sozopol, Bulgaria, ISSN 1310-3946. [2] https://eur-lex.europa.eu/resource.html?uri=cellar:cff8990a-e1ee-11e5-8a50- 01aa75ed71a1.0001.02/DOC_1&format=PDF [3] Kanchevski, T., Bulgaria in the foreign policy of the European Union after 2007, SNOWMOD Publishing 2021, p. 154. ISBN 978-619-91563-6-0. [4] Kanchevski, T., Bulgaria in the foreign policy of the European Union after 2007, SNOWMOD Publishing 2021, p. 154. ISBN 978-619-91563-6-0. [5] Krastev, D. EU justice and internal affairs agencies, Generis Publishing 2020, p.45. ISBN 978-9975-153-67-6. [6] Kanchevski, T., Bulgaria in the foreign policy of the European Union after 2007, SNOWMOD Publishing 2021, p. 159-160. ISBN 978-619-91563-6-0. [7] Krastev, D. Cooperation in the field of criminal policy in realization the EU, Scholar’s Press, 2018, p.81. ISBN 978-620-2-31736-8. [8] What does Bulgaria gain from Schengen, Aktiv Konsult, http://activeconsult.wordpress.com/2013/03/09/%d0%ba%d0%b0%d0%ba%d0%b2%d 0%be-%d0%bf%d0%b5%d1%87%d0%b5%d0%bb%d0%b8- %d0%b1%d1%8a%d0%bb%d0%b3%d0%b0%d1%80%d0%b8%d1%8f- %d0%be%d1%82-%d1%88%d0%b5%d0%bd%d0%b3%d0%b5%d0%bd/ 243
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