MEPs seek clarification on Romania and Bulgaria's accession to the Schengen area

Brussels, May 22, 2023 - Several MEPs, including Francisco Guerreiro, addressed a letter to the Council questioning the conditions of Romania and Bulgaria's accession to the Schengen area.

Read the letter below:

Subject: Accession of Romania and Bulgaria to the Schengen area
Bulgaria and Romania are legally obliged to apply the Schengen acquis, with the exception of the provisions relating to the abolition of internal borders. The two Member States cannot exercise opt-out or opt-in clauses and assume all responsibilities for the Schengen external borders without benefiting from the advantages of the Schengen area.

Bulgaria and Romania successfully completed the Schengen evaluation process in 2011, which was duly recognized by the Council[1]. However, in more than 11 years, no political decision has been taken on the abolition of internal border controls.
In this context, we would like to know

1. in previous Schengen enlargements, did Council members request additional assessments before voting on the Council's decision?

2 Is there a legal basis for linking the removal of internal borders to the level of performance in other policy areas?

3) Doesn't forcing a member state to assume full responsibility for the common policy in a given area, while at the same time depriving it of its advantages for an indefinite period, constitute a violation of the principle of loyal cooperation?

[1] Council conclusions on Romania (Council document 9166/11 of June 9) and Bulgaria (Council document 9167/11 of June 9, 2011).


Read the Council's response below:

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