Van der Woude (2015) Flashcards
Intra-Schengen, Forward on Discretion, Type A/B actor mismatch, Rule indeterminacy , Free Movement, National vs Collective Interests
What is the “Schengen Area”?
An area that consists of 26 European countries and t has abolished internal border checks for free movement.
What does “Intra-Schengen” mean?
It means the movements, activities and interactions within the countries of the Schengen area.
Why was the “Schengen area” designed?
The Schengen Area is designed to promote harmony by ensuring free movement & border control.
What is Van der Woudes main argument?
To highlight how the border control policies in the Schengen Area, are influenced by the tension between national sovereignty AND the collective interest of the Schengen States.
What does the term “Forward on Discretion” mean?
The ability of national authorities to make decisions based on their own judgement, even in the framework of the European Union rules.
What does the term “Forward of Discretion” mean in the context of the Schengen Areas?
Individual member states can use their discretion to interpret the border policing rules.
What can sometimes occur as a result of the “Forward of Discretion” in the Schengen Area?
Can lead to “clashing” practices in the Schengen Area even though the aim of the Schengen Area is to create harmony and uniformity among member states.
What is this “Clashing” between actors called?
Actor mismatch
What exactly is “Actor mismatch”?
It refers to the “mismatch” between two different types of actors in the Shchengen Area.
What are the two different types of actors that “Mismatch”?
Type A actors and Type B actors
Who are Type A actors?
National authorities, like border controls or police forces, that are mainly focused on the sovereignty of their own countries
Who are Type B actors?
Supranational (above the nation state) or EU actors like EU organisations. They aim to ensure uniformity and harmony in border policies across Schengen States
Why do these 2 types of actors disagree on?
Type A and Type B actors diagree on …
They disagree on national interests vs collective intrests of the Schengen states
What does “Rule indeterminancy” mean?
Outside of context
The lack of clear rules in the laws and regulations that are open to interpretation
What does rule indeterminancy mean ?
In the context of Schegen Area
The lack of clear rules regarding border controls in the schengen area, where some rules are purposely vague for member states to interpret policies to their national needs
