The Schengen evaluation and monitoring mechanism monitors the implementation of the Schengen acquis – common set of Schengen rules that apply to all Member States. The purpose of the mechanism is to ensure an effective, consistent, timely and transparent application of Schengen rules by Schengen Member States, while at the same time maintaining a high level of mutual trust between Member States.
Report on the functioning of the Schengen Evaluation and Monitoring Mechanism
In November 2020, the Commission adopted a report on the functioning of the Schengen Evaluation and Monitoring Mechanism. It was published as part of the first Multiannual Evaluation Programme covering the period 2015-2019. The report confirmed the benefits of the mechanism pointing out its tangible improvements. Overall, Member States are implementing the Schengen acquis adequately and serious deficiencies were duly addressed. The report confirms that the mechanism provides a solid framework for evaluating and monitoring the implementation of the Schengen acquis.
Identified shortcomings of the Mechanism
The report also identified shortcomings in the functioning of the Mechanism preventing it from working as effectively as possible and undermining its full potential:
- the excessive length of the evaluation process (10-12 months) and the time for Member States to implement recommendations (2 years)
- insufficient capacity of the Member States to contribute an adequate number of experts for the evaluations
- need of increased efficiency of unannounced visits and of the other evaluation and monitoring tools
- slow follow-up and implementation of the action plans by Member States and lack of a comprehensive and consistent approach to monitoring the implementation
- apart from the evaluation of the right to protection of personal data, the assessment of the respect for fundamental rights in the implementation of the Schengen acquis is not sufficiently integrated in the Mechanism
The report indicated that some of these shortcomings could be addressed at an operational level, but others would require legislative changes.
The Commission prepared a comprehensive impact assessment and carried out targeted consultations with stakeholders, including European Parliament, Member States, and relevant civil society organisations. Their views confirmed the shortcomings identified in the 5-year review and are largely taken into account in the new Schengen strategy proposal.
