site.btaAction Can Be Brought before EU Court of Justice over Non-admission of Bulgaria, Romania in Schengen

The European Commission or the European Parliament can bring action before the Court of Justice of the European Union over the lack of an EU Council decision on the admission of Bulgaria and Romania in Schengen, Dr Stefan Salomon from the University of Amsterdam's European Studies Department told the EP's Committee on Civil Liberties, Justice and Home Affairs (LIBE) and the Petitions Committee. In his words, under Art. 265 of the Treaty on the Functioning of the European Union, should EU institutions, in infringement of EU law, fail to act, the Member States and the other institutions of the Union may turn to the EU Court of Justice to have the infringement established. 

Bulgaria and Romania apply Schengen law in its entirety, he argued. Austria's and the Netherlands' veto on their admission in the border-free area raises the question whether the entry requirements are firm or stretchy. No additional legal requirements exist to the ones Bulgaria and Romania have been implementing for 12 years.

Corinna Ullrich, representative of the European Commission's Directorate-General for Migration and Home Affairs, said that the Commission is working with the Spanish EU Council Presidency on adopting a decision by the year's end.

LIBE member and Bulgarian MEP Emil Radev (GERB/EPP) said that it is important that Bulgaria and Romania join Schengen immediately. In his words, some countries use internal political reasons for their refusal to take a make a decision. He expressed the hope that hypocrisy in European will disappear soon. "Let us not create preconditions for an increase in anti-EU attitudes," he added.

Bulgarian MEP Angel Dzhambazki (VRMO/ECR) commented that this is a matter of double standards. What is heard is beautiful but empty talk about solidarity and unity. The explanation is an economic one and related to the actions of "lobbyists working in the western part".

Scheduled for Tuesday in the Petitions Committee are two petitions by Bulgarian nationals related to Schengen enlargement. The European Parliament has thus far adopted several calls on accepting Bulgaria and Romania, and Bulgaria expects a decision by the end of 2023.