The Territorial Scope of Schengen

One of the specific features of the Schengen acquis is its complex territorial scope of application that differs from the scope of application of “normal” Union law: Some Member States (Ireland and Denmark) are not bound by the Schengen acquis in principle but can take part via an authorised partial participation (Ireland) or implement it via international law (Denmark). For new Member States (such as Cyprus) a distinction is made between “being bound” by the Schengen acquis (already at moment of accession) and “fully applying” the Schengen acquis (at a later moment, decided upon unanimously by Council). Moreover, four third countries (Norway, Iceland, Switzerland, and Liechtenstein) are bound by the Schengen acquis and can even participate in internal Schengen decision-shaping via a unique Mixed Committee procedure, defined in their Schengen Association Agreements. Next to this “variable geometry” architecture, there are further special aspects of territorial applicability of the Schengen acquis which deserve clarification, such as the rules applicable to the outermost regions of France, Spain and Portugal, the European Microstates (Andorra, San Marino, Monaco, Vatican), Greenland and the Faeroe Islands, Ceuta and Melilla, foreign military bases, Kaliningrad, Mount Athos, Svalbard, the Aland islands, and Gibraltar. These aspects are dealt with, one by one, in this chapter.