Introduction

Schengen law is legally complex and, at the same time, foundational for the free movement objectives of the European Union. This “Practical Guide to Schengen Law” seeks to explain the specific features of Schengen law and its differences from normal EU law. It aims to be a reference document on Schengen-related matters and to provide clear replies to questions such as: What is the “Schengen area”? What is the “Schengen acquis”? How can I find out whether a legal act is part of the Schengen acquis? Why was Schengen launched as intergovernmental and not as an EC project? In addition to its descriptive function, this guide also aims at closing a gap in the scholarly analysis of Schengen. While the substance of the Schengen acquis has already been subject of numerous publications, with specific emphasis on border controls, security and human rights, institutional balance and implementation, there has been little scholarly attention to the challenges resulting from the application of the legal criteria, introduced in 1999, for distinguishing Schengen-related developments of the acquis from the broader Justice and Home Affairs acquis and the resulting legal and political problems.