The response to German border controls and potential violations of the Schengen Borders Code

Subject: The response to German border controls and potential violations of the Schengen Borders Code

The Federal Republic of Germany has implemented additional controls along all of its internal EU borders. Representatives of the German Government have stated that this decision was made to prevent irregular migration.

Initial border controls on the German-Polish, German-Czech, and German-Swiss borders were introduced in mid-October 2023, leading to significant disruptions in traffic flow. While the importance of security is acknowledged, it is crucial to ensure the proper functioning of the Schengen area. Persistent traffic jams at the borders, particularly affecting cross-border workers and the transport sector, could lead to serious challenges.

1. Do permanent and persistent border controls constitute a violation of the Schengen Borders Code1?

2. What measures is the Commission taking to safeguard EU citizens’ right to freedom of movement, as guaranteed by Article 45 of the Charter of Fundamental Rights of the European Union?

Submitted: 11.9.2024

1 Regulation (EU) 2016/399 of 9 March 2016 on a Union Code on the rules governing the movement of

persons across borders (Schengen Borders Code), http://data.europa.eu/eli/reg/2016/399/oj.

Joint answer given by Ms Johansson on behalf of the European Commission (30 October 2024)

The Schengen Borders Code (1), which has been thoroughly revised (2) with effect from 10 July 2024, provides in its Title III that internal borders may be crossed without border checks.

However, Member States may reintroduce internal border controls, exceptionally and temporarily, in case of threats to public policy or national security.

The revised framework provides for clearer deadlines and strict monitoring and reporting obligations. The Commission has stressed the importance of alternative measures to the reintroduction of internal border controls, such as joint police controls (3).

Border checks at the internal border do not call into question the right of EU citizens to move and reside freely within the EU, under the conditions set out in Directive 2004/38/EC (4).

EU citizens can still enter the territory upon simple presentation of a passport or of an identity card, unless there are reasons to restrict the right on grounds of public order, public security or public health.

The Commission is currently assessing the impacts of the recently notified reintroduction of border controls by Germany. In the notification of 9 September 2024, the German authorities indicated that they would attempt to minimise the impact of controls on free movement of persons within the Schengen area without internal border controls and cross-border regions.

The time-limits for a reintroduction of internal border controls are laid down in Article 25a of the revised Schengen Borders Code.

For foreseeable threats, a reintroduction may be extended to a maximum of two years for the same threat, with a possible renewal of twice six months in case of a major exceptional situation with regard to a persisting serious threat.

1 ∙ ⸱ OJ L 77, 23.3.2016.

2 ∙ ⸱ OJ L, 2024/1717, 20.6.2024.

3 ∙ ⸱ OJ L, 2024/268, 17.1.2024.

4 ∙ ⸱ OJ L 158, 30.04.2004.