Costs and risks arising from de facto permanent border controls in Germany

Subject: Costs and risks arising from de facto permanent border controls in Germany

Member states have the right, in exceptional cases, to introduce internal border controls, which must be temporary, proportionate and a measure of last resort. In recent years, however, such controls have become a general policy applied by the German Government. Moreover, these measures were not coordinated with neighbouring countries, which learned about the border closures the day before from the German media. In recent days, checks carried out by the German authorities on the German-Polish border have caused traffic jams that are several kilometres long, despite the winter conditions.

It is hypocritical that a government introducing internal border controls under the pretext of the threat of illegal migration has refused to fund physical barriers at the EU’s external borders, financed migrant smuggling organisations, criticised agreements with third countries and promoted a harmful asylum policy. Berlin, while imposing a crazy project for the forced relocation of migrants, is in parallel restricting the fundamental freedom of movement of citizens, to the detriment of EU cohesion. Germany’s current position, which consists in seeking out legal loopholes to avoid taking responsibility, is unacceptable. It is not Schengen that threatens our security. Europe’s external borders must be robustly defended, the misguided asylum policies must be changed, and the EU’s greatest achievement must not be destroyed.

1. Why does the Commission, which has not supported my country in in its resolute response to the migration crisis at the EU’s external borders, remain silent when internal border controls of a de facto permanent nature are introduced?

2. Does the Commission intend to examine whether the dozen or so similar notifications submitted by Germany since 2023 on the temporary introduction of controls comply with the Schengen Agreement, the Schengen Borders Code and CJEU rulings?

Submitted: 9.1.2025

Answer given by Mr Brunner on behalf of the European Commission

(27 February 2025)

The Schengen Borders Code (1) allows Member States to temporarily reintroduce internal border control to address serious threats to public policy or internal security as a measure of last resort.

The Commission is engaged in an ongoing dialogue with all Member States concerned by the reintroduction of internal border to ensure that these controls remain necessary and proportionate, that Member States exchange information, and that they adopt mitigating measures to limit the effect of control on the movement across internal borders and the functioning of cross-border regions.

The Commission also supports the use of alternative measures to internal border controls, as listed in the Commission's Recommendation of November 2023 (2).

On 10 July 2024, the amended Schengen Borders Code entered into force. It provides a revised framework for the reintroduction of internal border control, with clearer deadlines and stricter reporting and monitoring obligations for both the Member States and the Commission.

In line with Article 27a(3) of the amended Schengen Borders Code, the Commission will issue an opinion after receipt of a notification that prolongs internal border control to a period of 12 months in total.

1 ∙ ⸱ Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a EU Code on the rules governing the movement of persons

across borders (Schengen Borders Code); OJ L 77, p. 1-52. 2 ∙ ⸱

Commission Recommendation (EU) 2024/268 of 23 November 2023 on cooperation between the Member States with regard to serious threats to internal security and public policy in the area without internal border controls, OJ L, 2024/268, 17.1.2024, ELI: http://data.europa.eu/eli/reco/2024/268/oj