The thesis is dedicated to the investigation of the Schengen area where both the rights of citizens of the EU member states and the rights of third countries nationals have been secured. It means that these persons are able to move freely through the territory of any Schengen area member state.
The author provides the definition of the Schengen area as the legal order that is based on common goals and principles; common contractual and institutional mechanisms; common legal standards, measures and instruments related to the abolition of controls at the external borders; harmonization of conditions of entry and issuing short-term visas; regulation of crossing by third country nationals of the external borders of the Schengen member states; cooperation between judicial and police authorities of the Schengen member states; the establishment of the Schengen Information System, Visa Information System etc.
The author describes the concept of the Schengen acquis of the European Union, its structure and sources. The author defines the Schengen acquis as a complex notion which includes a system of norms and legal measures that are the legal instruments for the following spheres. They are: common visa policy; common immigration policy; asylum policy; personal data protection; cooperation within the functioning of the Schengen and Visa Information Systems; judicial and police cooperation; border cooperation between the Schengen area member states; harmonization of the national legislation with the Schengen law provisions. In other words, the Schengen acquis is recognized by Schengen area member states and has to be taken into consideration by the third countries. Further, the author analyzes the structure of the Schengen acquis, which has the internal and external dimensions. The internal dimension is based on the conclusion of agreements and legal acts between the Schengen area member states – the Schengen Agreement 1985, the Schengen Convention 1990, Decisions of the Council of the EU etc.
The external dimension of the Schengen acquis is linked with the conclusion by the EU of international treaties and agreements with third countries in respect of the realization of the Schengen acquis. The examples are international agreements on readmission, agreements on visa facilitation regime with third countries, adopted by the EU institutions’ declarations, programs, action plans, framework decisions and other documents.
Another key issue of the Schengen acquis concept is the diversity of its sources. The sources of the Schengen acquis – as an integral part of the EU acquis – is a system of legal measures, adopted by the Schengen area member states, that regulate relations related to the abolition of checks at the internal borders and the introduction of a set of rules concerning the crossing of external borders; acts regulating the common visa policy; the common immigration policy; cooperation on asylum between the Schengen area member states; its judicial and police cooperation; cooperation in the protection of personal data; the introduction and functioning of the Schengen and Visa Information Systems.
In this respect the author classifies the Schengen acquis sources into main and auxiliary. The main sources cover the Schengen Agreement 1985; the Schengen Convention 1990; the Agreements on accession to the Schengen Convention 1990 with final acts and declarations; the Treaty amending the Treaty of the EU and Treaty of functioning of EU 2007; international agreements concluded by the Schengen area member states and third countries in regard of implementation of the Schengen acquis; acts of the EU institutions in form of binding regulations, directives and decisions; the EU values; international customs and principles of law.
The auxiliary sources of the Schengen acquis constitute the recommendation acts of the EU institutions in the form of declarations, programs, action plans and framework documents for the implementation of the Schengen Convention 1990; the EU Court practice and doctrine. In whole, the Schengen acquis complement the sources of international law and EU law.
The author considers the cooperation between the Schengen area member states and Ukraine. The important and key documents that define the legal basis for cooperation between Ukraine and the European Union within the Schengen acquis, and at the same time practical legal instruments for implementation of the Association Agreement are documents common for the EU and Ukraine such as the Eastern Partnership, the European Neighborhood Policy and the Association Agenda. Ukraine, in its turn, should apply all opportunities in order to become an important part of the Schengen area.
