EU Free Movement and Schengen area
by Chris Chaplow
The free movement within Spain and the EU became effective when Spain fully joined on 1st January 1992, after a six-year transition period.
The free movement of persons is a fundamental right guaranteed by the EU to its citizens. It enables every EU citizen to travel, work and live in any EU country without special formalities.
Schengen cooperation enhances this freedom by enabling citizens to cross internal borders without being subjected to border checks. The border-free Schengen Area guarantees free movement to more than 400 million EU citizens, as well as to many non-EU nationals, businessmen, tourists or other persons legally present on the EU territory.
The Schengen Area encompasses most EU States, except for Bulgaria, Croatia, Cyprus, Ireland and Romania. However, Bulgaria, Croatia and Romania are currently in the process of joining the Schengen Area. Of non-EU States, Iceland, Norway, Switzerland and Liechtenstein have joined the Schengen Area.
Any person, irrespective of nationality, may cross the internal borders without being subjected to border checks. However, the competent national authorities can carry out police checks also at the internal borders and in border areas, provided that such checks are not equivalent to border checks.
If there is a serious threat to public policy or internal security, a Schengen country may exceptionally temporarily reintroduce border control at its internal borders for, in principle, a limited period of no more than thirty days
Freedom and security for travellers
The Schengen provisions abolish checks at the Union's internal borders, while tightening controls at the external borders, in accordance with a single set of rules. These rules cover several areas:
A common set of rules applying to people crossing the EU external borders, including the types of visa needed and how checks at external borders have to be carried out
Harmonisation of the conditions of entry and of the rules on visas for short stays (up to three months)