Danish border control

Subject: Danish border control

In the light of the State of Schengen report of 16 May 2023 and the answer provided by Ms Johansson on 22 June 2023, which highlights the Commission’s formal consultation process under Article 27 of the Schengen Borders Code with all concerned Member States, but particularly with regard to Denmark:

1. Can the Commission provide details on the progress and outcomes of these consultations thus far, specifically regarding Denmark’s engagement in the process and measures taken to ensure any prolongation of internal border controls is necessary and proportionate, in accordance with the Schengen Borders Code and cases C-368/20 and C-369/20 of the Court of Justice of the EU?

2. Can the Commission elaborate on the criteria used to determine whether such prolongation of internal border controls is justified, particularly in the absence of a new serious threat affecting public policy or internal security?

3. What specific legal means is the Commission prepared to use should the consultations confirm unjustified prolongations of internal border controls by Member States?

Submitted:14.2.2024

Answer given by Ms Johansson on behalf of the European Commission (9 July 2024)

The Schengen Coordinator has remained in close contact with the Member States that have reintroduced internal border controls (1), including Denmark.

On 23 November 2023, the Commission adopted a report from the consultation with the Member States as regards the internal borders controls reintroduced by these Member States between May and November 2023 (2).

It also adopted a Commission Recommendation on cooperation to address public policy and national security concerns as alternative to the reintroduction of controls (3).

The Commission’s discussions with the concerned Member States have focused on implementing the recommendation. A follow-up report on the situation at the internal borders was annexed to the State of Schengen Report of 2024 (4).

The Commission also proposed Council Recommendations to step up operational cooperation and the fight against organised crime to lift internal border controls (5).

Articles 25 et seq. of the Schengen Borders Code set out the rules that Member States must comply with when they reintroduce controls at their internal borders.

A reintroduction of internal border controls must be strictly necessary to respond to a serious threat. In line with the case law of the European Court of Justice in joined cases C-368/20 and C-369/20 (6), only a threat that is clearly different from the one for which borders were initially reintroduced can justify a new reintroduction of internal border controls.

The revised Schengen Borders Code, which will enter into force on 10 July 2024, will provide further guidance on how to assess the necessity and proportionality of the reintroduction of controls.

The Commission will continue its dialogue on the implementation of Commission Recommendation (EU) 2024/268 (7).

1 ∙ ⸱ Denmark, Germany, France, Austria, Norway and Sweden.

2 ∙ ⸱ SWD(2023) 388 final.

3 ∙ ⸱ OJ L, 17.1.2024, p.1.

4 ∙ ⸱ COM(2024) 173 final.

5 ∙ ⸱ COM(2024) 174 final.

6 ∙ ⸱ Judgment of 26 April 2022, Landespolizeidirektion Steiermark, joined cases C-368/20 and C-369/20, ECLI:EU:C:2022:298.

7 ∙ ⸱ https://eur-lex.europa.eu/eli/reco/2024/268