Austria extending controls at the internal border with Slovenia

Subject: Austria extending controls at the internal border with Slovenia

The Schengen area is facing the biggest test in its history. If the Commission fails to act, its very existence is under real threat. Is the Commission prepared to take responsibility for this?

Ever since 2015, Austria has continually extended controls at the Slovenian-Austrian border. In April 2022, the EU Court of Justice made clear that border controls can only be carried out on the basis of a serious threat to public order or internal security in a Member State and for a maximum period of six months. This was confirmed by a court in Austria in June 2022, which ruled that Austria’s border control at the Slovenian-Austrian border had been illegal since 2017.

Now Austria has given notification that controls at the Slovenian-Austrian border will be extended for six months. We are heading into the summer tourist season, which is one of the fundamental indicators of what the benefits of Schengen are or should be. The Commission should do all it can to ensure compliance with European rules, not merely reiterate over and again the message that the Schengen rules must be respected.

We expect more than what we have heard so far. We expect the Commission to carry out its function to protect EU law and the basic treaties.

In view of the above, I would like to ask:

1. Is Austria’s latest extension of controls at the internal borders with Slovenia and Hungary in line with EU law and the relevant EU Court judgment?

2. Does the Commission intend to take action, and if so, what action will it take?

Submitted: 14.4.2023

Answer given by Ms Johansson on behalf of the European Commission

(22 June 2023)

1. As indicated in the State of Schengen report of 16 May 2023 (1), the enhanced dialogue between the Schengen Coordinator and the Member States having reintroduced border controls, launched in October 2022, brought to light that Member States continue to be confronted with serious threats to their internal security and public policy which require action. However, further information is required from all Member States to better understand the reasons behind the decisions taken, the impact of the reintroduced border controls on the ground, and which alternative measures could address the specific threats faced by Member States.

2. For this reason, the Commission has launched a formal consultation process under Article 27 of the Schengen Borders Code (2) with all Member States concerned, building on the constructive dialogue which has taken place so far. In particular, the Commission, on 26 April 2023, received an opinion from Slovenia with regard to the reintroduction of controls at the Austrian/Slovenian border which is now the subject of the consultations with Austria. Where these consultations should confirm that Austria prolongs controls at internal borders in a manner which is not necessary and proportionate, and which is not based on the existence of a new serious threat affecting public policy or internal security, the Commission is prepared to make use of legal means at its disposal.

1 ∙ ⸱ Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the

Committee of the Regions of 16 May 2023 State of Schengen report 2023, COM(2023)274 final https://home-affairs.ec.europa.eu/2023-state-schengen-report_en 2 ∙ ⸱ Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across

borders (Schengen Borders Code) (codification), OJ L 77, 23.3.2016, p. 1.