Three-stage enlargement of the Schengen area to include new EU member states under the post-Amsterdam principles
Three-stage enlargement of the Schengen area to include new EU member states under the post-Amsterdam principles

Summary/Abstract: The article presents the most important legal consequences of the enlargement of the Schengen area basedon the post-Amsterdam principles, which can be described as the three-stage accession to the Schengenarea. They are defined in the Schengen Protocol and extended in the accession treaties and in EU secondary law. The research area is the rules on the integration of new member states into the Schengen areaand the legal consequences of this process. They are crucial reform of the Schengen area and set a newdirection for the development of the “area without borders”. The article presents the main hypothesis andtwo partial hypotheses. The main hypothesis is that the post-Amsterdam principles have become the mostimportant reform of the Schengen acquis, setting out the legal necessity and the new legal implicationsof the enlargement of the Schengen area. Two partial hypotheses can be made that the development of thepost-Amsterdam principles has accelerated the development of the Schengen area and thus strengthenedthe principles of EU law as the “area without borders”. The second sub-hypothesis indicates that this areashould be considered in two aspects: as a legal area and as a territorial area, which are gradually becomingunified through the implementation of the post-Amsterdam principles. The methodology for legal researchhas been used to analyse the primary EU law of the Schengen acquis as incorporated into EU law by theAmsterdam Treaty (AT).

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