3. Schengen arrangements

Although it is not limited to “citizens”, mention is made here of the Schengen arrangements. Very important from a legal point of view for the free movement of persons, was the implementation of the Schengen Agreement of 1985 on the gradual abolition of controls at the common (inner) frontiers of the signatories and of the 1990 Convention Implementing the Schengen Agreement (CISA). To this was added in 2005 the Schengen III Agreement between Belgium, Germany, Spain, France, Luxembourg, the Netherlands and Austria concerning the deepening of cross-border co-operation in the fields of the fight against terrorism, cross-border criminal activities and illegal migration. It enables the signatories to exchange all data regarding DNA fingerprints, the contracting parties having made a commitment to create and maintain national DNA analysis databases for the purpose of prosecuting criminal offences. In order to protect against terrorism and other crimes, the Schengen Information System (SIS) was set up; it allows the exchange of data on people’s identities and description of objects stolen or lost.

4. The free movement of workers

The three freedoms: free movement of workers, the right of establishment and the right to provide services do not confer unlimited rights (no right is unlimited). Workers’ rights and the right of establishment and the freedom to provide services in other Member States exist mainly in the right for the interested person or undertaking to be treated in the host State in the same way as the nationals of that State: the fundamental principle of equal treatment.

Without going into detail, each one of these principles confers, generally speaking, on the persons (and enterprises) concerned the right to enter the territory of another Member State, to reside there with their families, to exercise their activities under the same conditions as the nationals of the host Member State and to return there afterwards. Those three freedoms must be considered as based on the same principles, where entry, residence and treatment are concerned, they may not be interpreted restrictively and they have direct effect. A wide area of labour mobility represents a large number of opportunities for workers to find work and for the employer to find people with adequate skills, thereby enhancing employment and economic growth. The purpose is to open European labour market to all EU workers, which is one of the tangible aspects of European integration.

5. The free movement of students

Based on Union law provisions and on the Belgian law of December 15, 1980, modified many times, the main conditions for free entry of students into one of the Member States, are the following:

• nationals of Member States:

1. they must be able to prove their nationality (passport or identity card);

2. they need a certificate of inscription in an establishment of higher education;

3. their rights are provided for in Union law;

4. the student must prove that he/she has sufficient resources and is covered by sickness insurance;

• nationals of third countries:

1. a certificate of inscription in an establishment of higher education; it concerns only institutions set up, recognized and financed by the authorities;

2. the proof of having sufficient means of existence (minimum € +/- 600 per month); any proof is acceptable; another person may provide a guarantee; a bank guarantee may be required; means may also, under given circumstances, result from work;

3. a medical certificate indicating that the student has none of the illnesses or handicaps mentioned in an annex to the law;

4. a document showing that the student has not been sentenced.

In addition, the student:

1. may not have been refused access to another Schengen country;

2. does not constitute a danger for the international relations of a Schengen country;

3. does not cause a danger for public policy, public order or public health;

4. has not been refused access in the last 10 years.

The student may be accompanied by members of his family (wife and children) if he can show that he has the necessary means to support and lodge them.

The student may be made to leave the host country in case:

• he no longer fulfils the above conditions;

• disturbs the peace;

• the studies take too long;

• the student pursues a lucrative activity which hinders the studies;

• if, without valid motive, is not present at the exams;

• stays after the end of the studies and is no longer in possession of a valid residence permit.