Theoretical aspects of the Border problems Models and discussions.

Cross-border regions and cooperation have been on the focus of contemporary studies by geography, political science, international relations, sociology, demography, etc. (VAN HOUTUM 2000, MARCU 2014a). Recently these studies have been focused on the Euroregions (VAN DER VELDE et al., 2000) due to the current European policy, thus the interest in cross-border cooperation and its contextualization in terms of governance, intergovernmental cooperation and policy-making, networking and development (VAN HOUTUM 2000, PERKMANN et al. 2003, MARCU 2014a).

The meaning of borders themselves has been intensively investigated. Actually, borders cannot be regarded just as lines dividing spaces or like barriers to flows of persons and goods, but rather as dynamic and powerful incentives for activities (PAASI AND PROKKOLA 2008), stimulating the networks to participate in the interchange of real and conceptual flows.

Obviously these phenomena depend on the societies on both parts of the border thus defining the concept of permeability, which is one of the most important concepts in the border studies (JESSOP 1998, ZIMMEBAUER 2011).

According to the literature, there are several definitions of cross-border regions. One of them defines these regions as territorial units that have historical, socio-economic and cultural common roots (PERKMANN 2003).

The most “natural” definition (VAN DER VELDE et al., 2000) for any cross-border region should simply be related to territorial unit composed of the territories of authorities participating in a cross-border cooperation initiative.

In a nutshell, a cross-border region is a territorial configuration constructed by different nation states, thus it can be state-driven, but in occasions it can also be managed by sub- national organizations, as for example, the regional councils.

The main sense of the cross-border cooperation is the removal of the barriers to trade and improving the free movement of labor, capital and goods (ZIMMERBAUER 2011).

95 Recently the borders have been conceptualized as multicontextual and multilayered social constructions. According to GIAOUTZI, SUAREZ-VILLA and STRATIGEA (1993), in the context of borders, one can distinguish the following layers: a social layer, a legal layer, an economic layer, a political layer and a cultural layer in a border thus permitting to conceptualize and compare the borders in different case study regions.

The social layer regards the border as a social object, related to subject mobility and communications. The legal layer concerns the sovereignty of the state via jurisdiction of the cross-border cooperation. The economic layer deals with the border‟s transactions and markets. It depends on the economies of the border countries, their business structure and regulation. The political layer is related to the democracy, government and governance helping to reconstruct borders and to establish formal autonomy. The cultural layer encompasses cultural aspects such as traditions, narratives and similar that define the regional identities and homogeneity. The physical layer and an identity layer refer to the physical characteristics of the border. They can serve in some cases as physical obstacles such as a river, sea or mountain. The physical layer can be attenuated by improving the cross-border infrastructure and communications in order to increase accessibility and interaction. Finally, the identity layer is constructed by cognitive-emotional identification with the region and the conscience of the inhabitants.

One of the main questions is not whether regions should be seen as bounded or porous, but in which contexts the boundedness and the porosity appear, and how borders stimulate interaction across themselves. Different layers of borders can be found in different contexts, they are dynamic in time and space (SCHACK 2000). Moreover, layers are not isolated; instead, they are interacting between themselves. Thus the border manifestations should be seen as multicontextual and as one multifaceted ingredient in cross-border cooperation.

3. 1. 2. The European borders and the Schengen agreement

The study of the European borders and the cross-border cooperation is closely related to the Schengen Area. The 26 countries, part of the Schengen agreement, have abolished passport and immigration controls at their common borders and adopted a common visa policy (SCHENGEN – Borders and Visas). Joining Schengen entails eliminating internal

96 border controls with the other Schengen members, while simultaneously strengthening external border controls with non-Schengen states.

Twenty-two of the European Union (EU) member states and the four European Free Trade Association (EFTA) member states participate in the Schengen Area. Of the six EU members that do not form part of the Schengen Area, four - Bulgaria, Cyprus,

Romania and Croatia are legally obliged to join the area, while the other two, Ireland and the United Kingdom maintain opt-outs (OPT-OUTS). Four non-members of the EU, but members of EFTA, Iceland, Liechtenstein, Norway, and Switzerland, participate in the Schengen Area while three European microstates: Monaco, San Marino and the Vatican City can be considered as parts of the Schengen Area as they do not have border controls with the Schengen countries that surround them.

The Schengen Agreement was signed on 14 June 1985 by five of the then ten EU member states and it led to the creation of the Schengen Area on 26 March 1995.

Before the implementation of the Schengen Agreement, borders in Europe were controlled in order to check the identity and entitlement of people wishing to travel from one country to another.

Since the implementation of the Schengen rules, border posts have been abandoned thus, road, rail and air passengers no longer have their identity checked by border guards when traveling between Schengen countries, although security controls by carriers are still permissible and it is permitted to reinstate border controls with another Schengen country for a short period where there is a serious threat for the internal security11. Participating countries are required to apply strict checks on travelers entering and exiting the Schengen Area, which are co-ordinated by the European Union's FRONTEX agency, and subject to common rules (ZAIOTTI 2011).

External border controls are located at roads crossing a border, at airports, at seaports and on board trains. Usually, there is no fence along the land border, but there are exceptions like the Ceuta border fence, and some places at the eastern border.

The rules applicable to short-term entry visas into the Schengen Area are set out in EU regulations which contain two lists: a list of the nationalities which require a visa for a short-term stays and a list which do not.

97 The Schengen Borders Code lists requirements which third-country nationals must meet to be allowed into the Schengen Area. They are as follows:

- The third-country national is in possession of a valid travel document or documents authorizing them to cross the border; the acceptance of travel documents for this purpose remains within the domain of the member states,

- The traveler either possesses a valid visa or a valid residence permit,

- The traveler can justify the purpose and conditions of the intended stay and has sufficient means of subsistence,

- The Schengen Information System does not contain an alert for refusal of entry concerning the traveler,

- The traveler is not considered to be a threat to public policy, internal security, public health or the international relations of any of the Schengen states (SCHENGEN).

Finally, Schengen states which share an external land border with a non-EU member state are authorized by the EU Regulation 1931/2006 to conclude or maintain bilateral agreements with neighboring third countries for the purpose of implementing a local border traffic regime. Such agreements define a border area which may extend to a maximum of 50 kilometers on either sides of the border, and provide for the issuance of local border traffic permits to residents of the non-Schengen side of the border area. Permits are issued with a validity period of between one to five years and allow for a stay within the Schengen side of the border area of up to three months. Permits may only be issued to lawful residents of the border area who have been residing in the border area for a minimum of one year.

The Schengen agreement has brought many challenges in relation to the protection of internal and external borders of the Schengen area. These include a common police coordination center and cooperation for border surveillance, common patrols and other common operations, strengthening the operational capacities of FRONTEX12 with regional offices, common teams of support and the use of new electronic technologies to

12

FRONTEX: European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union. It is the European Union agency for external border security. The main role of FRONTEX is to protect EU external borders with North Africa and Turkey from illegal immigration and people trafficking as well as infiltration into Europe by possible terrorist elements from North Africa and the Middle East.

98 ensure control. The idea of creating a common space was based on a positive aspect to facilitate the free movement of persons irrespective of their nationality.