Teaching Comparative Government and Politics

Wednesday, July 27, 2011

Supranational organizations and sovereignty

What are the limits of national power? What are the limits of supranational power? How are conflicting interpretations decided?

Denmark's government has decided that the threats of illegal immigrants and terrorists requires it to better "defend" its borders. However, EU treaties seem to require borders between member nations be as open as those between states in the USA. Here are the basics of a case study.

Schengen state Denmark beefs up border controls

Denmark, part of the Schengen border-free zone, has deployed extra customs officers on its frontiers in a move causing concern among EU neighbours…

Denmark's government is under pressure to curb illegal immigration…

But many have questioned the legality of the Danish move under the 1995 Schengen Agreement, which abolished internal borders, enabling passport-free movement inside much of western Europe.

Juerg-Uwe Hahn, justice minister of Germany's Hessen region, told Danish newspaper Jyllands-Posten that Denmark had "ostracised itself"…

EU presses Denmark over new border controls

The European Commission says it is not convinced that Denmark's reimposition of border controls is justified.

The Commission, which monitors compliance with EU treaties, suspects that Denmark's move violates the Schengen Agreement on open borders.

Denmark must "demonstrate factually that the gravity of the situation justifies putting in place controls" on its borders, the Commission said…

The Commission sent a team to assess the Danish measures and their conclusion was that "the risk assessment required to justify the controls was not sufficient and there were no clear instructions to border control officers on how to carry out controls"…

Politicians in Germany and elsewhere have questioned the Danish move, pointing out Denmark's obligations under the 1995 Schengen Agreement, which abolished internal borders, enabling passport-free movement across most of western Europe.

Before the Danish move both France and Italy also raised new questions about Schengen, as an influx of illegal migrants from North Africa fuelled demands for extra passport checks.

EU commissioner: Schengen area needs to be preserved

The European Union needs to safeguard the Schengen area, as Denmark's recent move to strengthen its borders has shown how vulnerable the zone is, said Cecilia Malmstrom, European Commissioner for Home Affairs, at a meeting of ministers Monday in Poland.

'I think the last month (of) challenges to Schengen has shown everyone how vulnerable we are,' Malmstrom said, adding that the commission will make a proposal in September that will aim to outline how to assist states with border difficulties…

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Labels: concepts, International Organizations, sovereignty, theory