Республика Беларусь после расширения Европейского союза: шенгенский процесс и концепция соседства

Abstract

The neighbouring states of the Republic of Belarus (Poland, Lithuania and Latvia) are on the threshold of the European Union. It presupposes compliance with the EU requirements to adopt the 1st and 3rd pillar legislation (namely, Justice and Home Affairs, Visa, Immigration and Asylum Policy). There is a need in thorough studies of the consequences, as the interests of the Republic of Belarus are involved in and affected by the process. The Schengen process started less t h a n a decade ago, but it is the Amsterdam Treaty of 1997 that legalized complete incorporation of Schengen acquis in the frame of the European Union. The Amsterdam Treaty contains the Protocol on incorporation of Schengen acquis, which makes implementation of the EU-adopted Schengen acquis a precondition for the EU accession. Introduction of visas between the acceding countries and the neighbouring countries results in the breach of transborder economic, historical and cultural relations. This process is especially painful for Belarus, as there have never been either borders or visas between Belarus, Poland and Lithuania except for short periods. Belarus falls out of the process in which culturally and historically closest countries are involved. A transitional period in membership brings about a problem of transit visas for the Belarusians. The costs of traveling to Poland, Latvia and Lithuania have already increased with the introduction of visas and the costs will increase even more with the admission of the above-mentioned countries into the Schengen area. Another weak point of the Schengen process in the acceding countries is a possibility of "one-direction" engagement in the Schengen Visa Information System. It brings in the problem of legal consequences for the "local" violators of visa or stay requirements on the territory of the new members and inclusion of such violators in the SIS database. Today many Belarusians work in Poland and Lithuania, which will b e rather complicated after accession in v i ew of stricter migration and social policy in the EU. There are positive tendencies as well. It is the introduction of the New Neighbourhood Policy in the instruments of the Commission of the EU. Besides, there will b e fruitful work between neighbouring countries o n matters of customs and border control co-operation. The border between Belarus and the EU has already become a "sieve" for illegal migrants and drugs. In v i ew of the absence of any checks at the border between Russia and Belarus, it has become a heavy burden for Belarus. There is a need of development of legal basis for co-operation in j u s t i c e and home affairs, refugee policy and other spheres of common interest. The Partnership and Co-operation Agreement concluded between the EU and Belarus, frozen in 1998 due to political reasons, should be reactivated and the legal v a c u um between Belarus and the EU should be filled up. Many of the Belarusians hope to see changes for the better with the EU approaching the Belarusian border. It is the author's belief that culturally and historically Belarus belongs to Europe and is, in any case, involved in European integration. Belarus shall re-join the family of European peoples. Belarus has better chances of full value economic and social development within Big Europe.