The great pillar of European architecture, the free movement of people and goods in the Schengen zone, is under attack. The area where borders had become mere lines drawn on maps has seen the resurgence of controls between member states in crisis with increasing frequency. Schengen is already a patched-up territory, with dividing lines that look like scars. Germany’s decision to install controls on its nine borders from Monday has dealt a heavy blow, angering neighbours and worrying experts who fear that one of the EU’s greatest achievements could collapse.
According to Alberto Alemanno, Jean Monnet Professor of European Law and Policies at the Paris School of Business Studies, the German announcement is unprecedented “in terms of its scale and nature.” The expert, who is speaking by phone from the United States, considers the measure announced by the coalition government of social democrats, greens and liberals headed by Olaf Scholz “incompatible with community law”, with a political rather than strategic motivation. Harassed by the rise of the far right, the German government justifies the measure – initially planned for six months – by migratory pressure and the risk of Islamist terrorism.
The reintroduction of border controls is intended as an exception in the event of a threat to public order or national security. It should be a last resort and must be justified and proportionate. Alemanno believes that these requirements are not met in the German case. The expert also stresses that if it is applied to all of its borders – purely for geographical reasons, as a country located in the centre of Europe and the largest economy in the EU – it will have an impact not only on neighbouring states, but “virtually all of them”.
The first to react to Berlin’s announcement were the states with which it shares a border. Polish Prime Minister, the liberal conservative Donald Tusk, called the order a “suspension” de factoThe US government called for a “large-scale Schengen area” and announced that it would begin “urgent consultations” with the other eight countries directly affected. Austria said it would not accept people whom Germany decided to turn away at its border, and the Netherlands warned of the impact on cross-border workers. According to EU data, 1.7 million people cross intra-EU borders every day to work in another country.
Berlin’s decision has had an impact beyond its territory. For Greek Prime Minister Kyriajos Mitsotakis, the German government has “unilaterally abolished the Schengen area.” His Hungarian counterpart, the national populist Viktor Orbán, a defender of anti-immigration policies, welcomed Scholz “into the club” of those who advocate border control.
Knowing what’s happening outside means understanding what’s going to happen inside, so don’t miss anything.
KEEP READING
Schengen came into force in 1995 and now covers 29 states, 25 of the 27 that make up the EU (Ireland and Cyprus are excluded, while Romania and Bulgaria are partially integrated), plus Norway, Switzerland, Iceland and Liechtenstein. Its functioning as an area of free movement was particularly compromised by two major crises. The first was the arrival in 2015 and 2016 of more than a million asylum seekers fleeing mainly the war in Syria. The second was the Covid-19 pandemic.
In recent years, several states have reinstated or strengthened controls and have gradually extended what was initially a temporary measure. Among the most frequently cited reasons is migratory pressure, but also the terrorist threat, which has been used as a justification by countries such as France since 2015 (with restrictions now in force until 31 October). The wars in Ukraine and Gaza – associated risks of Russian operations, an increase in refugees or terrorist attacks – are also among the reasons recently cited by some states.
In the autumn of 2023, the increase in migrant arrivals via the Balkan route prompted a chain of border closures to cut off their passage. Slovakia with Hungary; Poland with Slovakia; Germany with Poland, the Czech Republic and Switzerland… Some remain, such as those imposed by Berlin, which are now being extended. Austria, with which Germany already had more controls since 2015, has also established restrictions on the border with Slovakia and the Czech Republic that expire on 15 October, and with Slovenia and Hungary, in force until 11 November. The country has argued that its asylum system is under pressure, but also for security reasons exacerbated by the conflicts in Ukraine and Gaza.
Slovenia has controls with Croatia and Hungary until 21 December. In its notification to the Commission, which has no veto power, it cited deteriorating global security, as well as the increased terrorist threat and organised crime in the Western Balkans. The country also cited sporting events such as the European Championship and the Olympic Games, among other reasons specified by some countries.
Italy has also stepped up security on its border with Slovenia, which will remain in place until December. The reasons: the threat that terrorists may be hiding among migrants on the Balkan route, risks related to the war in Ukraine and the danger of outbreaks of violence linked to Italy’s presidency of the G7.
Denmark is monitoring land and sea traffic with Germany, citing terrorist threats related to the Gaza war, Koran burnings in 2023 and the risk of Russian espionage. Sweden has also stepped up its checks, saying the war in Gaza poses a security threat, including anti-Semitic attacks.
Norway, which is not a member of the EU but is part of the Schengen area, has imposed controls on ports with ferry connections that are in force until November 11. Oslo also fears Russian operations that could jeopardize its gas exports or its military aid to Ukraine.
Restrictions by member states often come up against criticism from the European Parliament, which approved an update of the Schengen Borders Code, in force since June. The reform aims to improve coordination between member states in the face of shared threats and to relegate the closure or reinforcement of border crossings to truly exceptional cases. The Commission has recommended that the 27 use alternative measures such as police checks and joint patrols between states to avoid the closure of internal borders. The aim is to reinforce and protect, without obstacles, the free movement of goods and people. “This is the most tangible benefit of the EU,” stresses Alemanno, who ultimately describes Germany’s decision as “a nail in the coffin of Schengen.”
