The European Parliament (EP) has asked the Council of the EU to approve the accession of Romania and Bulgaria to the Schengen area by the end of 2023, in a tough resolution (which criticizes Austria’s vote). MEP Victor Negrescu explains to HotNews.ro what consequences the adoption of this document could have and how Romania could use it.

The document adopted by the EP is based on a petition submitted by former minister Rezvan Nicolaescu through the Clean Energy and Climate Change Association, which was supported by Romanian MEPs and discussed on March 22 in the EP Petitions Committee (PETI).

In a resolution adopted on Wednesday, the European Parliament asks the European Commission to assess the financial losses, unrealized profits and environmental damage that Romania and Bulgaria have suffered since June 2011 due to the “negative and unjustified decision” taken on the accession of the two countries to the Schengen Area and to analyze possible compensation mechanisms for financial losses.

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Practically, the adoption of the resolution of the European Parliament recognizes that the fundamental rights of Romanian citizens and some provisions of the European treaties have been violated, and at the same time the discrimination against Romania is recognized. When the European forums recognize the discrimination against Romania, they must respond to the support of our country.

“Legal instruments are created so that European institutions react to a possible refusal”

• “We invite the Parliament and the Commission to analyze what tools exist to override the veto granted by Austria and challenge these decisions in the European Court, using precedents or even using the current European law, which provides that when a state violates European law and the rights of citizens, there should be penalties or even sanctions, as well as compensatory measures for the affected states.
• In other words, the leadership of the EP and the EC can rely on this resolution and in the future can file a lawsuit at the European Court of Justice,” Negrescu explained.

It should be noted that the EP also went to the European Court of Justice in a case related to Schengen, where member states did not comply with the provisions related to free movement, and won, according to Negrescu. Thus, once the resolution is passed, the precedent can also be used in this case, in the case of Romania, at the next JAI Council, if Austria votes against it again.

• “The resolution keeps this topic on the European agenda and shows that there is an alternative, and Romania now has leverage and can demand explanations in the event of a new impasse.
• Legal instruments are simply created so that European institutions react to a possible refusal,” Negrescu emphasizes.

Three more meetings of the Justice and Home Affairs Council (JAI) are scheduled this year in September, October and December.

What scenarios are considered and what are Romania’s chances of joining Schengen in 2023

Romanian officials are considering three scenarios for Romania’s accession to the Schengen area.

According to Negrescu, the positive scenario is that there will be a consensus at the October session and Romania will join Schengen in two stages: with the air part in the first stage and on January 1, 2024 in the second stage with land borders.

The second scenario would be a compromise option, which would involve a discussion in the JAI Council in December and Romania’s accession to Schengen after the European Parliament elections and after the Austrian elections sometime in the fall of 2024.

The third scenario takes into account the Austrian opposition and after its elections. In this case, Romania now has the legal tools and levers mentioned in the adopted Resolution and can use them in such a way as to force Romania to accept a decision in the European Court.

Specifically, Romania, through the European institutions of the EP and EC, can attack the Court with legal instruments and legally nullify Austria’s veto, citing that the rights of Romanian citizens are being violated. “The European Commission and the European Parliament can initiate such an approach, as they did in the case of Hungary and Poland, but the legal procedure is long-term,” says Victor Negrescu.

“This is a less favorable situation”

• “We are going with a cautious scenario to see the possible options, we are trying to influence the Austrian government to change its position.
• This year is more difficult, because the elections to the European Parliament in June 2024 and the elections in Austria are ahead, and the current chancellor will run for office and already has the topic of migration in his campaign program. This is a less favorable situation.
• We proceed with caution. The expectations were very high last year and we saw what happened.
• On the other hand, there are two important things that have happened this year: we have a document from the Spanish Presidency as a reference regarding the need for Romania to join the Schengen area; The second issue is the public commitment at the press conference of Chancellor Olaf Schröder, who promised to be personally involved. There is a meeting between the chancellors of Germany and Austria where we believe this topic will also be discussed. Two things were achieved this year,” the Romanian MEP says.

In conclusion, MEP Victor Negrescu argues that Romania’s chances are favorable after the cancellation of the MCV and for Bulgaria, as the signals from the Netherlands are positive and Austria can be left alone. “We hope that the pressure together with the European partners will increase. There is an unofficial rule according to which no state remains isolated, the last to make a decision,” says Negrescu.

How long can Austria block Romania’s entry into Schengen?

We will remind you that on December 8, 2022, the Council of Justice and Home Affairs (JAI) of the European Union rejected the accession of Romania and Bulgaria to Schengen and accepted only the request of Croatia. Austria managed to block a favorable decision for our country in the JAI Council, because unanimity is required for entry into Schengen. It was joined by the Netherlands on the condition that they oppose the accession of Bulgaria, and the vote was cast “together with Romania”.

After blocking Romania’s entry into Schengen, Austrian Chancellor Karl Nehhammer and Interior Minister Gerhard Karner claimed that of the more than 100,000 immigrants or asylum seekers who arrived in Austria, 75,000 were not registered anywhere, and that this must have happened when crossing the EU’s external border. They claimed that many of the unregistered arrived via Romania or Bulgaria, contradicting the Romanian authorities.

On April 26, Austrian Interior Minister Gerhard Karner, who blocked Romania’s entry into Schengen, was in Bucharest and told Romanians that he was “very sympathetic” to their expectations, that the authorities had made progress in securing borders and managing migration, but there was more to come. “long way”.

An official from Vienna said that “Austrian citizens face the same dilemma when they are subject to checks in Germany.”

Gerhard Karner’s visit to the capital of Romania took place in the context of the fact that a number of EU member states sent signals from Bucharest itself that Romania should join the Schengen zone this year.

Austrian Foreign Minister Alexander Schallenberg said on April 28, Politico reported, that Austria would retain veto power over Romania and Bulgaria joining the Schengen zone until Vienna sees a “sustainable reduction” in the number of asylum seekers.

• “Frankly, it’s important for us that the numbers come down, and there has to be a steady decline,” Schallenberg said, calling the veto a “red flag” for Brussels.
• “We must understand that when we see more than 100,000 asylum applications every 12 months, it is difficult for us in Austria to simply allow this dysfunctional system to continue,” the head of Austrian diplomacy also said (Photo: Dreamstime).