Germany has recently broadened its temporary border controls to cover all nine of its land borders, a move driven by heightened security concerns and increasing irregular migration. Previously, similar measures were only in place at the borders with Poland, Austria, Switzerland, and the Czech Republic.
The expanded controls, which will remain for at least six months, are a response to mounting political pressure, especially from the center-right and far-right factions. According to a statement from Germany’s Interior Ministry, the purpose of these checks is to combat “Islamist extremist terrorism and serious cross-border crime.”
Recent violent incidents, such as a knife attack in Solingen that resulted in three deaths and a shooting in Munich where the shooter was killed, have fueled concerns. Both incidents involved suspects with alleged ties to terrorist groups and foreign backgrounds.
While each European nation has the right to protect its borders, Schengen Area countries are committed to maintaining open borders for people and goods. Critics argue that enhanced border security threatens this core EU value.
Raphael Bossong, a migration policy researcher at the German Institute for International and Security Affairs in Berlin, emphasized that “the reintroduction of internal border controls should be a measure of last resort.”
The Origins of Schengen
The Schengen Area, established by the 1985 Schengen Agreement signed in Luxembourg, aimed to remove internal borders among participating European countries. Initially involving France, Germany, the Netherlands, Luxembourg, and Belgium, it now includes 27 countries. Although not all EU members participate and some non-EU states like Norway do, the Schengen Area is closely tied to the EU’s goals of facilitating travel, integration, and cooperation.
Sergio Carrera, a senior research fellow at the Centre for European Policy Studies in Brussels, noted that “the core identity of the European Union is laid out in the treaties, which is free movement and a common area without internal border controls.”
Regulations and Exceptions
The Schengen Area operates under a framework known as the Schengen acquis, which includes laws and regulations for managing borders. The Schengen Borders Code specifies conditions under which member states can reintroduce temporary internal border controls, typically only in exceptional circumstances such as threats to national security.
Carrera pointed out that controls must be based on solid evidence of their necessity and must not target specific groups. However, he noted a “gap in enforcement,” with governments sometimes failing to provide adequate justification for extended controls. The European Commission usually opts for diplomatic solutions rather than formal infringement proceedings, although the European Parliament can challenge the Commission if it fails to enforce EU laws.
Temporary Measures with Potential for Extension
According to Bossong, while border control measures are meant to last no longer than six months, they can be extended indefinitely and may become nearly permanent. Countries like Austria, Denmark, Sweden, and Norway have ongoing border controls due to concerns over irregular migration and cross-border crime, with Norway also focusing on protecting its energy sector from potential threats.
Schengen and the EU: The Current Landscape
Notably, Ireland, an EU member, operates its own travel area with the UK and does not participate in Schengen. Visitors from other EU states to Ireland must show identification and provide a valid reason for entry. Cyprus, another EU island nation, is not yet part of Schengen but recognizes Schengen visas and is seeking to join.
Romania and Bulgaria have applied for Schengen membership but face delays due to concerns expressed by Austria and the Netherlands. A 2022 European Parliament resolution urged the European Commission to secure an agreement granting these countries full Schengen rights.
Joining the Schengen Area requires countries to meet strict criteria, including managing external EU borders, issuing Schengen-compatible visas, and aligning law enforcement practices with Schengen security protocols.
The Schengen Information System (SIS) maintains a database tracking visa data, arrest warrants, and information on criminals and missing persons. Upcoming enhancements to this system aim to bolster electronic border controls within the Schengen zone.
Implications of Restricting Movement
The Schengen Area’s freedom of movement is a cornerstone of the EU’s achievements, and reversing this could have significant consequences. Increased border controls might disrupt the economic benefits of seamless travel, impacting tourism and trade, and could strain political unity within the EU.
Germany’s decision to extend border controls has already drawn criticism from other EU officials, reflecting broader concerns about unilateral actions.
Carrera warned of a potential “race to the bottom” where disparate national border rules could undermine the Schengen Area, possibly leading to its dissolution as currently known.
