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Switzerland To Join the EU Schengen Open Border Area: But There Are Still Terrorism Vulnerabilities

By Victor Comras

The Swiss Government has announced that it will adhere to the Schengen Accords and join the EU open internal border space. The "Schengen Area" now includes Austria, Belgium, Denmark, Finland, France, Germany, Greece, Italy, Luxembourg, The Netherlands, Portugal, Spain, Sweden, Iceland and Norway. The decision was widely supported in a Switzerland-wide referendum June 5th. Some 55%voted to remove passport controls along Switzerland's common border with EU countries. According to the federal department, Switzerland will join the Schengen area in 2008 when the Schengen Information System (SIS II) database is in place. That system will supposedly provide fuller access to a common data base for police and investigative agencies concerning criminals and terrorism suspects on the move. For the moment Schengen member countries must rely on a modified version of the original Schengen Information System (SIS) which has limited applicability to tracing the movement of suspected terrorists. The original SIS system was designed more to deal with criminal activity and fugitives from justice. This led France in July 1995, for example, to invoke a safeguard clause (Article 2(2) of the Convention) in order to reintroduce limited border controls to combat terrorism and drug trafficking.

There is growing concern in Europe that the Schengen system is lagging behind the increased risks to Europe stemming from terrorism and illegal immigration. Once terrorists or illegal immigrants enter Europe they pretty much enjoy open border mobility. This led the Ministers of the Interior from France, Germany, Italy, Spain and the United Kingdom (the So-called EU G-5) to issue a Joint Declaration May 12th, outlining new steps to strengthen controls on their common external borders. This would include the harmonization of their visa policies and steps to ensure that the new European Border Control Agency (now being established) will be equipped to handle intensified inspection activities at EU external borders. However, the responsibility for border control enforcement will continue, at least for the time being, in the hands of national authorities. They also agreed to study the idea of a "European Border Intervention Police Force" which would allow deployment, in times of crisis, of specialized national pre-identified resources in their countries to intervene on the European external border. At the same time they "preserved" their right to "reintroduce" internal border controls when required for the maintenance of law and order. The new Border Control Agency will be headquartered in Warsaw.

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