Germany introduces temporary checks at internal borders – JURIST

The German Ministry of Interior announced  plans on Monday to introduce border controls with France, Luxembourg, the Netherlands, Belgium, and Denmark for six months starting September 16 to curb irregular migration and strengthen internal security.

While the terms of the Schengen Area Agreement broadly eliminated border controls between EU states, the Schengen Border Code allows EU countries to temporarily reintroduce internal border controls “in the event of a serious threat to public policy or internal security.” Internal border controls are only permitted as a “last resort measure in exceptional situations, and must respect the principle of proportionality.” According to the Ministry’s press release, such measures are necessary because state infrastructure has taken on a significant burden in accepting over a million refugees from Ukraine and “large numbers of asylum seekers.” The release also referenced the need to “protect against Islamist extremist terrorism and serious cross-border crime.”

EU citizens continue to hold a right to freely move and reside within Germany, as outlined in Article 21 of the Treaty on the Functioning of the European Union and Article 45 of the EU Charter of Fundamental Rights. Consequently, the border controls will only restrict entry to individuals who lack valid entry documents.

Germany recently introduced additional measures to curb irregular migration, which pertain to an “individuals’ right to carry weapons [and] increases security forces’ powers to fight and investigate Islamist terrorism [as well as] irregular migration.” This comes only weeks after a fatal knife attack in Solingen that killed three and injured eight in August.

Once the announced border controls come into effect next week, all of Germany’s borders will be temporarily restricted. Existing controls are currently in place at the borders with Switzerland, the Czech Republic, and Poland until December 15, 2024, and with Austria until November 11, 2024. An extension of the existing border controls remains likely, with German Minister for the Interior Nancy Faeser announcing her intent to extend border controls beyond their expiry dates in August.