Source: European Parliament
Member States are responsible for decisions to admit third-country nationals, within the framework of resettlement programs. The recently adopted Union Resettlement and Humanitarian Admission Framework Regulation[1] in its Article 6 sets out exhaustive grounds to refuse the admission of identified candidates, including on security grounds.
Furthermore, Member States must thoroughly check all persons entering the Schengen area in accordance with the conditions set out in Article 8 of the Schengen Borders Code (SBC)[2].
This includes ensuring that persons do not pose a threat to public policy, public health, or internal security, in accordance with Article 6 of the SBC[3].
Regardless of any entry requirements (including security requirements) provided for under national law, Member States are required to consider potential security implications for the whole Schengen area. Member States are also required to make use of EU-level instruments such as the Schengen Information System and national databases.
The EU supports Member States in their counter-terrorism efforts and provides legal and policy frameworks such as Directive (EU) 2017/541 on combating terrorism[4] and the EU Counter-Terrorism Agenda[5].
- [1] Regulation (EU) 2024/1350 of the European Parliament and of the Council of 14 May 2024 establishing a Union Resettlement and Humanitarian Admission Framework, and amending Regulation (EU) 2021/1147; http://data.europa.eu/eli/reg/2024/1350/oj.
- [2] Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (OJ L 77, 23.3.2016, p. 1-52); https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0399.
- [3] Ibid.
- [4] Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6); https://eur-lex.europa.eu/eli/dir/2017/541/oj/eng.
- [5] Communication from the Commission: A Counter-Terrorism Agenda for the EU: Anticipate, Prevent, Protect, Respond; https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52020DC0795.