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.

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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

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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.

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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

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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

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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

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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/

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