Efforts to safeguard internal security and manage migration flows have long extended beyond purely national boundaries. Joint and coherent action by European states is now essential. The introduction of Schengen has thus made it possible to create a joint European area without internal borders. The Dublin system, for its part, establishes the criteria for competence to process an asylum application and harmonises national asylum practices.

The Dublin area encompasses all EU states and the four states associated with the EU, namely Switzerland, Norway, Iceland and the Principality of Liechtenstein.

The Schengen area consists of 29 states. In principle, these are the EU and associated states. However, Denmark has a special status (with the possibility of opting out). Ireland and Cyprus are not members. As far as Bulgaria and Romania are concerned, it was decided at the end of 2023 to lift controls at internal air and sea borders; the decision to lift controls at land borders is to follow at a later date. The associated states are the only non-EU states that fully apply the Schengen and Dublin regulations.

Schengen

Schengen constitutes a common legal framework including freedom of travel within its area, enhanced protection of the external borders and the application of common visa provisions. Rules on entry, stay and exit from the Schengen area are thus established. The legal provisions applied are regularly revised and adapted to enable the Schengen states to meet current challenges and modernise the systems in place with the aim of ensuring free movement of persons on the one hand and guaranteeing internal security on the other.

Dublin

The Dublin legal system makes it possible to designate the State competent to examine an asylum application. When an asylum seeker lodges an application in a Dublin State, the latter must first check that it is competent to carry out the procedure. The aim of this system is to unequivocally attribute to a state the competence to deal with an asylum application. This gives each applicant the assurance that their application is properly examined and that it is not simultaneously under review in two countries.

Eurodac is a technical instrument for the effective implementation of the Dublin regulations. It is a database in which the fingerprints of all asylum seekers are recorded. Thanks to Eurodac, a person who has lodged several asylum applications can be identified and escorted back to the country handling the procedure.

Switzerland: consequences and right to participate in decision-making

Since 12 December 2008 Switzerland has been participating in the Schengen/Dublin system in an operational manner. The cooperation between Switzerland and European countries in the context of the association in Schengen and Dublin brings economic and financial advantages. Beyond the economic advantages, Schengen represents a basic instrument for internal security, and Dublin allows for substantial savings for Switzerland because Switzerland, due to its geographical location, is not a country of first asylum.

By virtue of its status as an associated state, Switzerland is committed to adopting the developments of the Schengen and Dublin acquis. Switzerland has the right to participate in the decision-making process of these legislative developments. Due to its status as an associated state, Switzerland has undertaken to adopt the developments of the Schengen and Dublin acquis. In return, Switzerland has the right to participate in the legislative decision-making process. In accordance with this right of participation, the Head of the Federal Department of Justice and Police participates in the meetings of the EU Justice and Home Affairs Ministers. The proposals discussed at these ministerial meetings are prepared in various working groups and in the Committee of Permanent Representatives of the EU, in which Switzerland also participates. Following the adoption of a new legislative development by the Council of Justice and Home Affairs Ministers and the European Parliament, Switzerland decides independently whether it wishes to adopt the new legal act. In the event of non-adoption, the EU and Switzerland are required to look for pragmatic solutions. Ultimately, the non-adoption of a further development could lead to the cancellation of the association agreements.

Europe Division

The Europe Division is the centre of expertise for the Confederation's EU policy.

Switzerland's European Policy