The Schengen Agreements and the rules adopted under them were entirely separate from the EU structures until the 1997 Amsterdam Treaty, which incorporated them into the mainstream of European Union law. The borderless zone created by the Schengen Agreements, the Schengen Area, currently consists of 25 European countries, covering a population of over 400 million people and an area of 4,312,099 square kilometers (1,664,911 sq mi).

History

There were of course several exceptions. After the secession of the Irish Free State from the United Kingdom in 1922, both countries passed laws that treated the other country as part of its own territory for immigration purposes. This Common Travel Area still exists today, albeit in a much more limited fashion.

In 1944, the governments-in-exile of Belgium, the Netherlands and Luxembourg (Benelux) signed an agreement to eliminate border controls between themselves; this agreement was put into force in 1948. Similarly, the Nordic Passport Union was created in 1952 to permit free travel amongst the Nordic countries of Denmark, Finland, Iceland, Norway, and Sweden and some of their associated territories. Both of these areas have largely been subsumed within the Schengen Area.

The Schengen Agreement was signed on 14 June 1985 on the river-boat ''Princess Marie-Astrid'' in the middle of the river Moselle where the territories of France, Germany and Luxembourg meet. The original signatories were Belgium, France, Luxembourg, the Netherlands, and West Germany. As Belgium, the Netherlands and Luxembourg formed the "borderless Benelux" (s.a.), the agreement was in a way signed at the border triangle of all original signatories. It was created independently of the European Union, in part owing to the lack of consensus amongst EU members over whether or not the EU had the competence to abolish border controls, and in part because those ready to implement the idea did not wish to wait for others (back then there was no Enhanced co-operation mechanism). The Agreement initially only provided for the replacement of passport checks with visual surveillance of private vehicles, which would be able to cross borders without stopping albeit at reduced speed.

In 1990, before the Schengen Agreement had been implemented, the same five states signed a ''Convention implementing the Schengen Agreement''. It was this Convention that created the Schengen Area through the complete abolition of border controls between Schengen states, common rules on visas, and police and judicial cooperation.

The Schengen Agreement along with its implementing Convention was implemented in 1995 only for some signatories, but just over two years later during the Amsterdam Intergovernmental Conference, all European Union member states except the United Kingdom and Ireland, and two non-member states Norway and Iceland (part of the Nordic Passport Union along with EU members Denmark, Finland, and Sweden) had signed the Schengen Agreement. It was during those negotiations, which led to Amsterdam Treaty, that the incorporation of the so-called Schengen-Acquis into the main body of European Union law was agreed along with opt-outs for Ireland and the United Kingdom, which were to remain outside of the Schengen Area.

Now that the Schengen Agreement is part of the ''acquis communautaire'', the Agreement has lost the status of a treaty, which could only be amended according to its terms; instead, its amendments are made according to that legislative procedure of the EU that covers the rules to be amended as defined in the EU treaties. Ratification by the former agreement signatory states is not required for altering or repealing some or all of the former Schengen-Acquis. Legal acts setting out the conditions for entry into the Schengen Area are now enacted by majority vote in the legislative bodies of the European Union. New EU member states do not sign the Schengen Agreement as such; instead, they are bound to implement the Schengen rules as part of the pre-existing body of EU law, which every new entrant is required to accept.

This led to the result that the Schengen States that are not EU members have few formally binding options to influence the shaping and evolution of the Schengen rules; their options are effectively reduced to agreeing with whatever is presented before them, or withdrawing from the agreement. Of course, similarly to the European Economic Area practice, consultations with the affected countries are conducted informally, prior to the adoption of particular new legislation.

In 2006 the directive on the right to move freely (2004/38/EC) was implemented, meaning that passportless travel is allowed in the entire European Union, if having a national identity card from an EU country. For some a passport is necessary anyway, since not all countries issue such cards for their citizens, and because Sweden requires a passport when travelling from that country to EU countries outside Schengen.

See also

References

External links

Category:European Union law Category:Treaties and declarations of the European Union Category:International travel documents Category:Treaties concluded in 1985 Category:1985 in the European Economic Community Category:Schengen, Luxembourg Category:Law enforcement in Europe Category:Boundary treaties Category:International border crossings

Educated at the University of Canterbury graduating with a Bachelor of Laws (LLB) qualification. Nikki has worked for Lloyds as a a 'Problem troubleshooter' was employed as a Gateway Store Manager and worked in Cyprus in the hospitality sector. Managed the UKIP Head Office in London (1999-2001) and was Political Assistant and Advisor to Mike Nattrass MEP for the West Midlands (2004-2009)before becoming an MEP in June 2009.

Elected from second place on the UKIP Party list in that election. She has extensive campaign experience for the party, having stood for election at both a Westminster and local level. At the 2001 General Election she was the campaign Manager for the three Kent constituencies of Medway, Gillingham and Chatham & Aylesford and was responsible for the West Midlands regional campaign during the 2009 European Elections. Having raised significant funds for the party through the UKIP lottery, she has also campaigned abroad, most notably in the United States, assisting on campaigns for US Representative Susan Davis and Californian Governor Arnold Schwarznegger. Politically, she is likely to favour 'Small Government' and 'Individual Responsibility', has also stated that Margaret Thatcher is the reason that she got involved in politics. In terms of Europe, she favours a relationship of trade and friendship only and is particularly keen to get the Eurospetic message across to young people. Said to be a strong willed personality who is unafraid of expressing her views. She quit the UKIP European parliamentary group (EFD Group) in January 2010 concerned with some of their views. In reponse to this she later had the UKIP whip withdrawn in March 2010. However she remains a party member. .

Biography

UKIP activist

In 2001 she was disqualified from the NEC, shortly after being elected due to the party changing the constitution, by Returning Officer and Party Treasurer John de Roeck. In 2003, representing herself, she took UKIP to the High Court, successfully overturning her disqualification to the NEC. In 2004 she became Party Secretary, a position which she later resigned to become Political Adviser to Mike Nattrass MEP.

Sinclaire stood for Parliament twice as a UKIP candidate: in Medway 2001 and Halesowen and Rowley Regis in 2005.

During the 2005 UK general election campaign Sinclaire stood as the UKIP candidate for Halesowen & Rowley Regis, more than doubling the previous vote. Although Sinclaire was arrested after refusing to leave a public debate, "Queer Question Time" (to discuss issues related to the gay community). Her arrest sparked street protests by UKIP members and the public and she was released without charge a few hours later.

In October 2008, it was reported that Nikki Sinclaire briefly met Baroness Thatcher at a Bruges Group dinner. Sinclaire told Thatcher that she would be standing as an MEP candidate for the UK Independence Party in the West Midlands. According to the BBC report, Lady Thatcher replied "Good for you. Never give up, never give up".

Election as MEP

On 11 September 2009, Sinclaire announced she would stand in the 2009 UKIP leadership election. The decision to stand followed UKIP leader Nigel Farage's announcement on Friday 4 September that he would stand down to stand in The General Election against John Bercow in Buckinghamshire where he came third. Malcolm Lord Pearson was Farage's endorsed replacement and in the leadership ballot he won with Sinclaire coming third with a respectable 1,214 votes.

Member of the Committee on Women's Rights and Gender Equality (2009-). Member of the Subcommittee on Human Rights (2009-). Substitute member of the Committee on Foreign Affairs (2009-). Substitute member of the Committee on Civil Liberties, Justice and Home Affairs (2009-). Independent member (March 2010-).

Expulsion from UKIP

Sinclaire was subsequently expelled from UKIP for refusing to be part of the EFD group, On its website, UKIP stated:

"She has also proved unable to collaborate adequately with the voluntary party in the UK, particularly with the regional committee in the West Midlands. The national executive committee has therefore removed the whip; Nikki Sinclaire may no longer describe herself as a UKIP MEP, and she may not stand as a UKIP candidate in the forthcoming general election."

UKIP's West Midlands Regional Committee considered a vote of no confidence in Sinclaire, but the motion was heavily defeated, with only the regional chair voting in favour.

In a Court case the tribunal found Nigel Farage EFD MEP, Godfrey Bloom UKIP MEP & UKIP guilty in Sinclaire's favour.

To avoid further Court embarrassment and costs UKIP published an apology on their web site and are seeking to provide an acceptable accommodation suitable to Ms. Sinclaire.

After UKIP

Electoral history

Personal life

References

External links

Category:Independent politicians in the United Kingdom Category:United Kingdom Independence Party politicians Category:Members of the European Parliament for English constituencies Category:1968 births Category:Living people Category:Lesbian politicians Category:LGBT politicians from the United Kingdom Category:UK Independence Party MEPs Category:MEPs for the United Kingdom 2009–2014