Schengen/Dublin

Swiss border guards at the airport.
The Schengen Association Agreement facilitates travel between Switzerland and the EU. © FOCBS

The Schengen/Dublin cooperation facilitates close cooperation between the EU Member States and the associated States in border, justice, police, visa and asylum-related matters. Under Schengen, the participating states have in principle removed checks on persons at internal borders and adopted compensatory measures to strengthen internal security. Dublin cooperation ensures that each asylum application is examined by only one State. 

The cooperation between European states in the fields of borders, justice, police and visas – known as Schengen – was initiated in 1985 by five Member States of the then European Community. It now includes almost all EU Member States and the four associated states: Iceland, Liechtenstein, Norway, and, since 12 December 2008, Switzerland. 

Maps: Schengen and Dublin

The Schengen Association Agreement (SAA) facilitates travel between Switzerland and the EU Member States by removing, in principle, checks on persons at internal borders. It also improves international cooperation in police and judicial matters in the fight against crime.

Legally linked to the SAA, the Dublin Association Agreement ensures that an asylum application is examined by only one state within the Dublin area. The Dublin criteria establish which country is responsible for dealing with an asylum application. This prevents asylum seekers from submitting an application for asylum in more than one state.

Chronology

2008

  • Operational entry into force Schengen (at airports on 29.03.2009) (12.12.2008)
  • Formal entry into force of Schengen and Dublin (01.03.2008)

2005

  • Approval by the Swiss electorate (54.6% in favour) (05.06.2005)

2004

  • Signing of the agreements (as part of Bilaterals II) (26.10.2004)

Swiss involvement in developments in Schengen acquis

Switzerland participates in shaping legal developments in the Schengen acquis and represents its interests directly in discussions among experts and at ambassadorial or ministerial-level meetings. Switzerland has a decision-shaping role, which is significant as decisions are often taken without a vote.

After the EU adopts a new legal act of relevance to the Schengen/Dublin acquis, Switzerland decides, in accordance with its parliamentary and direct democratic processes, whether it wishes to accept it. Since the signing of the agreements in 2004, the EU has notified Switzerland of more than 440 developments in the Schengen/Dublin acquis. In the majority of cases, the content is of a technical nature or limited in scope and the Federal Council can either give its approval directly or simply take note of the new development. The Swiss parliament has approved the adoption of around 12% of the legal developments. The developments subject to parliamentary approval are subject to an optional referendum (in accordance with Art. 141 of the Federal Constitution).

The following two examples are currently going through the parliamentary approval process:

EU Pact on Migration and Asylum 

The EU Pact on Migration and Asylum is a response to the high migration figures in Europe in 2015 and 2016 and the shortcomings in migration management that came to light at the time. Switzerland will partially implement five legislative proposals (see links to the EU regulations) based on its Schengen/Dublin association. These include standardised health and security checks at the Schengen external borders (i.e. in Switzerland at the international airports of Zurich, Geneva and Basel) for irregular migrants entering the Schengen area, and the reform of the Eurodac database for persons seeking international protection within the Dublin area. However, the legislative proposals relating to new faster procedures at the EU's external borders for people with little prospect of being eligible for protection, and the new solidarity mechanism for countries with high migration figures, are not binding (although Switzerland can participate voluntarily).

The Federal Council has decided on the adoption of part of the EU Pact on Migration and Asylum on 14 August 2024, subject to approval by Parliament.

Schengen Borders Code

The Schengen Borders Code regulates controls at the Schengen external borders as well as the possible temporary reintroduction of internal border controls within the Schengen area, e.g. at Switzerland's national borders, in the event of a serious threat to internal security or public order. The reform of the Schengen Borders Code is in response to the increased reintroduction of internal border controls in the context of migration movements and the COVID-19 pandemic. It specifies the applicable rules and time limits, and expands the range of possible alternative measures to internal border controls (e.g. bilateral police cooperation).

On 26 June 2024, the Federal Council approved the adoption of the EU regulation, subject to approval by Parliament.