EXPLAINER: Where is the Schengen area?

Former Ako Bicol party-list Rep. Zaldy Co, who is wanted for graft and malversation of public funds in connection with a P289 million flood-control project in Naujan, Oriental Mindoro, is no longer in the custody of Czech authorities and has reportedly sought political asylum in France. 

Co was reported to have been detained in Prague on Thursday last week after he was found to lack the proper documentation.

In a news conference after meeting with Czech authorities on Monday to discuss Co and his return to the Philippines, acting Justice Secretary Fredderick Vida told reporters that Co was no longer in the custody of the Czech Republic.

Asked where Co was after leaving Czech custody, Vida indicated that the information was not available due to Schengen rules and European data privacy regulations.

He said the information was that Co was still within the Schengen area.

Where is the Schengen area?

According to the website of the European Council, Schengen is the name of a village in Luxembourg where the Schengen Agreement was signed by the first Schengen countries in 1985.

The Schengen area is much larger, with four million square kilometers, and includes 29 countries – 25 European Union member-states, and four non-EU countries (Iceland, Norway, Switzerland, Liechtenstein).

It started in 1985 as an intergovernmental project among France, Germany, Belgium, the Netherlands, and Luxembourg and has gradually grown to become the largest free travel area in the world. The EU takes pride in the Schengen area as one of the main achievements of the European project.

The term “Schengen” may ring a bell for many, especially those who have traveled to Europe or those who wish to do so. 

A Schengen visa allows travelers from outside the European Union (EU) to visit up to 90 days in any 180-day period to one or several countries in the Schengen area. 

It is issued by a Schengen state and allows travelers to enter the Schengen area for short-term visits or land transit throughout the Schengen area, or airport transfers specifically through international transit zones. 

“Nationals from third countries that require a visa to enter Schengen need to apply for a Schengen visa. These visas are processed and issued by Schengen States, in accordance with harmonised standards and requirements,” the EU said.

“Holders of Schengen visas can enter the Schengen area and are subject to entry and exit checks. These checks, which rely on systems like the Schengen Information System (SIS) and the Visa Information System (VIS), are carried out at the external border where the person is entering but are done on behalf of all Schengen States,” it added. 

The Schengen initiative was launched 40 years ago in 1985 during a symbolic gathering on a boat on the Moselle River – a location where the borders of France, Germany, and Luxembourg meet, the EU said.

This cooperation, which abolished internal border controls within participating nations, began with the signing of the Schengen Agreement by five founding nations: Belgium, France, Germany, Luxembourg, and the Netherlands. 

According to the EU, the Schengen area is governed by common rules that regulate cross-border police and judicial cooperation. 

Within Schengen, the EU said some mechanisms allow law enforcement authorities to conduct cross-border surveillance and hot pursuit to enhance security and fight transnational crime. 

It added that there is a streamlined extradition system and mutual recognition of criminal judgments to strengthen legal cooperation across member-states. 

Asylum 

In a press briefing on Tuesday, Palace Press Officer Claire Castro said Co is seeking asylum in France, citing alleged political persecution.

Citing information from the DFA, the Palace official said Co may actually roam around the Schengen area.

According to the EU, the asylum border procedure applies to applicants “who have not yet been authorized to enter the territory.”

The procedure is mandatory in the following cases:

• When applicants mislead the authorities;
• When applicants are considered a danger to national security or public order; and
• When applicants come from a non-EU country with a low international protection rate. 

“The procedure lasts 12 weeks, from the moment the asylum application is registered until the person no longer has the right to remain nor is allowed to remain. The 12-week procedure also includes the administrative decision and possible appeal against it,” the EU said. — JMA, GMA News