Doctor of Law Sciences, professor of the Department of International Law of the PFUR Meshcheryakova O.M. held an open lecture

On March 9, 2021, within the framework of the VII International Scientific and Practical School on International Law on the topic "Actual problems of theory, practice and teaching of international law" held in online format  from March 1 to 10, 2021, a lecture was held on the topic: "Police and judicial cooperation in the integration process" Meshcheryakova Olga Mikhailovna, doctor of law sciences, professor of the Department of International Law, Peoples' Friendship University of Russia (Moscow, Russia).

                     

Is there an integration law? As the lecturer noted on this issue, the point of view of scientists was divided. The dispute is about whether there is an integration law or whether there is international law and national law. But in practice, there is an integration community in the world, which is becoming more and more, including in the post-Soviet space. And the main pioneer in this area is the European Union, whose experience is being studied by other integration communities in order to learn from it. In particular, both the CIS and the EAEU have adopted a lot from the law of the European Union. 

                                 

Police-judicial cooperation is part of a larger area in the European Union called the "Space for Freedom, Security and Justice". This area includes Schengen law and cooperation in the criminal law field. The Schengen Agreement was signed in 1985 in Luxembourg between Belgium, the Netherlands, Luxembourg, France and Germany. Initially, only these states were included in the Schengen Agreement. The agreement was aimed at simplifying passport and visa control at the borders and related to this area. This agreement was signed outside the framework of the European Community, that is, at that time, in the mid-1980s, serious contradictions arose between states in the European Union. Some believed that integration should concern only the economic sphere, but not the political one, and states should maintain their sovereignty in terms of foreign policy. For this reason, the agreement was signed precisely by the opponents of the European Organization extending to political spheres and therefore it was signed separately. The agreement entered into force only in 1990 and it provided for a number of measures that the governments of the signatory states were to implement in terms of border control. These measures should facilitate the free movement of persons and goods, services at common borders. In 1990, the Convention on the Application of the Schengen Agreement was adopted, signed by the same states, which gave impetus to the provisions of the agreement on the elimination of checks on common borders between these states. Initially, only 6 states signed the agreement. This had nothing to do with the European Union. But in 1999, the Amsterdam Treaty came into force, one of the revision agreements of the European Union, which already provided for the mandatory abolition of the Schengen rules by those member states of the European Union. Thus, in 1999, the Schengen Agreement became binding on the states that are members of the European Union. The Schengen rule stipulates whether the treaty included the abolition of border customs control at internal borders between the countries of the European Union, the introduction of uniform rules for entry and exit at all external borders, the establishment of cooperation between law enforcement agencies of the participating countries, the introduction of uniform rules for extradition, that is, creation of a Schengen visa and border crossing database. In addition, the Schengen rules provided for the state's right to impose restrictions on the freedom of movement of flights and services in emergency situations. In particular, countries that are now experiencing Covid-19 may close their borders. Currently, the Schengen area includes 26 states. However, of the 27 countries of the European Union, only 22 states are included in this zone. Bulgaria, Croatia, Romania, Ireland are not members of the union. There are states that are not part of the European Union, but are part of the Schengen area. These are Liechtenstein, Norway, Switzerland and Iceland. The Schengen area also includes the Overseas Member States of the European Union. Thus, the Schengen area was formalized in 1999. In the Schengen Agreement, the main document is the visa code.

Schengen-2 cooperates with the police and internal affairs bodies. Schengen 2 is a computer network that connects to the border terminals of the Member States' servers. This system includes data on persons who have ever crossed the border of the Schengen area.

Schengen-3 is the 2005 Convention on the Expansion of Cross-Border Cooperation to Combat Terrorism and Crime, Illegal Emigration.

            

A European arrest warrant is a judicial decision issued to member states for the purpose of arresting and transferring to other member states a wanted person for the execution of a criminal case, or for the execution of a punishment for the security of deprivation of liberty. In 90% of cases, the European arrest warrant is accepted in absentia. An order issued in one state will be valid in all states of the European Union. The European order provides for a penalty of imprisonment for a term of at least 12 months. The European Union has also established the European Prosecutor's Office, a body that meets on occasion and deals with counterfeiting. In the European Union, there are such bodies as Europol – the European analogue of Interpol and Eurojust – the European police agency. It is worth remembering that ignorance of the legislation does not excuse one from responsibility. At the end of the lecture, the audience thanked the lecturer for the informative and interesting report.