Bordering on unity

At the same time, Poles are looking forward to travelling throughout the continent passport free. Experts warn, however, that those benefits come at a high price - greater vulnerability to international crime and less control over borders.

Poland's December 21 entry into the border-free Schengen zone marks a milestone for the country and its 2004-accession classmates. For the EU, it is the latest step in strengthening the bloc-wide economy and integrating its member states. Some experts laud entry into the zone and its proposed "blue card" system as a means of improving control over immigration, but others fear loss of sovereignty and see the potential for a resurgence of intra-EU crime.

"The free movement of people is a fundamental EU value, but the sacrifice is the lowering of the level of border security," Ilkka Laitinen, executive director of European border-security agency Frontex, told WBJ. As Poland joins the Schengen zone, the value of free movement and the sacrifice of security are topics of hot debate, with strong points on both sides.

"The core idea of Schengen was set down in 1999 and immediately became an integral part of EU philosophy. We are, if you like, still in a transition period. All EU members - with a few historical exceptions - will join Schengen," Laitinen explained.

One of those historical exceptions is the UK, a traditionally Euroskeptic country. MEP for Northern Ireland Jim Allister is one voice critical of the surrender of border control. "The ability of a nation-state to control its own borders and change its immigration policy, as required, is a tangible demonstration of sovereignty," he said in an October immigration debate at the European Parliament.

He added, "The fact that the UK cannot now rectify the grave miscalculation which it made in 2004 with its open door policy to Eastern Europe, is a telling indication of just how much sovereignty we concede to belong to this club. And yet some would have us concede even more powers to Brussels. What fools!"

Joining the zone

Many Polish MEPs, however, see things differently. MEP Genowefa Grabowska said "Poland was angry not to be in the Schengen zone. [Previously, Poland] felt it was being controlled and checked and not treated as a full member. Now Poland will be a normal territory in the Union."

Grabowska noted, however, that Poland has lost a large part of its labor force to other EU markets since it joined the bloc, and it has become greatly dependent on labor imported from Ukraine. She warned that Poland's progression into Schengen will be a barrier to that workforce, as the visa and three-month work permit, previously free, soars to EUR 75 (zł.268.6) and out of the reach of many Ukrainians and Belarusians.

Polish MEP B1ogusław Sonik told WBJ, "When it comes to our economic relations with Ukraine, the problem is serious because current agreements will be hindered. The solution to the problem, the way to get rid of the barriers, depends on bilateral agreements."

However, Grabowska added, "The Schengen zone [entry] is the signal that Poland is fully integrated into the European Union and EU policy. After a few months, external labor will see the barrier posed by the Schengen border as a symbol of Poland's EU membership, and it will make the market more attractive."

Blue cards and limitations

Earlier this year European Commission Vice President Franco Frattini, who is responsible for justice, freedom and security, presented a legislative proposal for the EU "blue card" system, which, functioning similarly to the US green card, would give skilled immigrants a work and residency permit on a single document. Immigration is a major issue for the EU, with aging and demographic shifts eating into labor markets. All of the experts WBJ contacted spoke of the need for a well-managed system for legal immigration.

A report drafted recently by Italian MEP Lilli Gruber showed the extent to which the EU is dependent on labor movement. The report quotes Eurostat figures revealing that the number of non-EU nationals legally residing in the 27 EU member states is approximately 18.5 million, while nearly nine million EU citizens reside in a member state other than their own.

UK MEP Jean Lambert criticized the blue card system as unduly limited, however. "This blue card is supposed to make the EU more attractive as a destination in the global 'talent war,' but the Commission risks undermining its own goal. It is regretful that the Commission is proposing restrictions on mobility within the EU to accompany the card … Instead of true mobility, it seems highly skilled workers will now be faced with a system of 'aggregation of periods' whereby free movement can be granted only after years of employment," she said.

Movement in Poland

While much of Europe is already heavily dependent on labor movement, BSJP Legal and Tax Advice partner Rafał Wójcik points out that immigrant labor is still in its infancy in Poland, but is growing in importance.

"Besides Ukrainian construction immigrants, the occurrence of immigration is rather new to Polish citizens. But the Polish wave of emigration since 2004 and the [subsequent] labor shortage in Poland has made immigration a hot topic. This is especially true right now, when politicians are discussing the possibility of Chinese immigration to support [infrastructure construction for] the 2012 European soccer championships."

Polish MEP Grabowska said, "We have been working with Franco Frattini to build a package of immigration policies. The blue card is just one part. Poland needs and hopes for more labor from the East. Many have come from Korea, but not all are here legally. We hope to use a new scheme to import workers from the East in accordance with EU policy and law, but we need Mr Frattini to create a full package, because at the moment we just have parts of a solution."

She added, "We are desperately in need of labor in agriculture, construction and elsewhere."

While immigration is important for the labor market, the experts advised caution. "The influx of workers [into Poland] from countries such as Ukraine or Moldova is desirable, but we need to remember about proper control in order to get the workers we need most," said Polish MEP Sonik.

Protecting the border

Grabowska explained that, of the EU 27, Poland has the largest land border to protect, at 1,200 km. This border, moreover, is part of the Eastern trafficking route that sees illegal immigrants and goods from countries like Iran, Iraq, Afghanistan, Bangladesh and China, but also from the Western Balkan region.

Serving at the frontier of the Schengen zone is Frontex, an EU agency based in Warsaw that identifies weaknesses in border security and proposes solutions to the member states. Each state maintains control of its own borders, but is supported by Frontex in coordinating protection with other member states.

"Everything starts with a risk analysis," explained Frontex's Laitinen. "Our enemy, the criminal organizations, conduct their own risk analyses, finding shortcomings in the border security and exploiting them," he said. "We conduct our risk analysis through intelligence gathering and produce a report indicating the shortcomings. At the end of every chapter in the document we list our recommendations. We have to sell these recommendations to the member states as they have no legal requirement to use our methods," he added.

The growing importance of Frontex is easily indicated by its rapidly growing staff and budget. In 2006 the agency's budget stood at EUR 19 (zł.68) million, while by 2007 it had reached some EUR 42 (zł.150) million. For 2008 the agency has been allocated EUR 71 (zł.254) million.

"We are solely dependent on the resources of member states to carry out intelligence gathering as we don't have any assets of our own. This makes the job even more challenging," said Laitinen. Boats, planes, helicopters and people are borrowed from member states in Frontex's joint operations, but the member state is fully compensated for the service.

However, Laitinen explained, "Member states do not find financial compensation to be the main factor in deploying technical means. It is hard for them to explain to their citizens why their helicopter is being sent to the Canary Islands to patrol borders there." He added, "There is still room for improving motivation among the member states but the trend is towards greater EU burden sharing."

The internal issue

Joining the Schengen zone brings Poland's non-EU borders under increased scrutiny from its peers in the bloc, but its borders with Germany, Lithuania, the Czech Republic and Slovakia could still see problems. "Looking at other countries that have recently joined the zone, there have been no major problems related to the abolition of border checks. But the indicators are abolished along with the checks, so we don't really know what's happening," said Laitinen.

He added, "[In the past,] where borders have been reestablished for certain events, one issue the checks have unmasked is criminal drug smuggling, while over-stayers are another major problem. Border checks have always been an effective tool because a border guard can stop someone just because they are crossing the border. You can't just stop someone in the street to be searched."