“After last week`s EU summit, at which the European Commission was tasked with proposing a revision of the Schengen Agreement, several member states are insisting that the European Parliament be excluded from the decision-making process that followed. Any backdoor agreement that excludes Parliament from decision-making would not only undermine the democratic process and be contrary to the Treaty on European Union, but would also amount to a declaration of war on the European Parliament. The Council and the European Parliament have agreed that BRITISH citizens travelling to the Schengen area for a short stay (90 days in 180 days) should be granted a visa waiver after Brexit. This agreement was confirmed yesterday by EU ambassadors on behalf of the Council and the European Parliament`s Committee on Civil Liberties, Justice and Home Affairs today. The text must now be formally adopted by the European Parliament and the Council. In 1999, the United Kingdom formally requested participation in certain provisions of the Schengen acquis – Title III on police security and judicial cooperation – and in 1999 this request was approved by the Council of the European Union on 29 May 2000.  The UK`s formal participation in previously approved areas of cooperation was implemented by a 2004 Council Decision, which entered into force on 1 January 2005.  Although the UK was not part of the passport-free Schengen area, it nevertheless used the Schengen Information System, a public database used by European countries to store and disseminate information about individuals and goods. This has allowed the UK to exchange information with countries that are part of the Schengen Agreement, often to agree on legal proceedings.  In 2020, the United Kingdom announced its intention to withdraw from these agreements at the end of its transitional period, and did so on December 31, 2020.
Regarding the proposals that were agreed at last week`s EU summit to revise the Schengen agreements to allow for the reintroduction of border controls under certain conditions, Green and EFTA co-chairs Dany Cohn-Bendit and Rebecca Harms said: this article was first published in October 2017 in the Law Society Journal. . . .