The interruption of Schengen Area: special measures and controversies in some cross-border areas (CB is on the spot!)

The implementation of Schengen Area has been interrupted more than a hundred times in the last fifteen years for diverse reasons: sport events, climate summits, radical demonstrations and, most recently, jihadist threats and migration phenomena. However, current border closing for public health reasons is the first one since the start of Schengen in 1995.

Before Covid-19, Austria, Denmark, France, Norway, and Sweden had already established border controls until 12 May due to jihadist threats and the presence of international crime organisations. Some of these and Germany perform random controls in internal borders since the migration crisis in 2015.

In March 2020 many EU Member States reintroduced border controls at the internal borders. According to art. 28 of the Schengen Code, these exceptional measures must be limited to ten days with the possibility to prolong them by renewable periods of 20 days, up to a maximum of two months. Member States must notify the Commission and the other Member States before taking action, specifying the reasons, scope and duration of the measures. This information must be submitted to the European Parliament and the Council too. The Commission is supposed to issue an opinion after consulting the other Member States.

To ensure the free circulation of goods and services in the single market, the Commission adopted the Guidelines for border management measures to protect health and ensure the availability of goods and essential services.

On 20 March, the members of the European Council accepted the Commission’s proposal to introduce a coordinated restriction of non-essential travel into the EU for a period of 30 days. The travel restriction provided for exemptions for nationals of all EU Member States and Schengen Associated States (UK nationals will be treated in the same way as EU citizens due to the current transition period), for the purposes of returning to their homes and for travellers with an essential function or need.

As of 24 March, all Member States except Ireland (due to its common travel area with the UK) had implemented the temporary restriction. In its 15 April roadmap for lifting coronavirus containment measures, the Commission recommended the coordinated lifting of internal travel restrictions and border controls ‘once the border regions’ epidemiological situation converges sufficiently’.

The European Parliament has defended the Schengen Area and condemned the unjustified reintroduction of internal borders. On 16 March, Juan Fernando López Aguilar, the Chair of the Civil Liberties Committee (LIBE), called for a coordinated approach and urged Member States to take measures that fully respect the Schengen rules and the principles of proportionality, solidarity among Member States, and non-discrimination.

As of 27 April 2020, 17 Schengen countries had notified the European Commission of the reintroduction of controls at all or some sections of internal borders due to threats related to the spread of Covid-19: Belgium, Czechia, Denmark, Germany, Spain, Estonia, France, Lithuania, Hungary, Austria, Poland, Portugal, Slovakia, Finland, Iceland, Switzerland and Norway. A number of other Schengen countries have introduced restrictions on movement of persons that affect internal borders, such as temporary bans on non-essential travel: Italy, Latvia, Malta, the Netherlands, and Slovenia.

At the time of closing this edition of AEBR Newletter, Germany has announced to open its land borders by 15 June, and other EU member states will follow. Air restrictions will remain, but most Schengen partners are adopting the date of 15 June as a major milestone to re-open their borders, while others announce different dates.

See here the table listing all Restrictions to Schengen for each country.

 

 

 

 

You can find the list of authorised border crossing points at the EU Member States’ external borders notified to the Commission here.

Here you can find detailed restrictions and regulations for mobility and transport at EU level and per Member State.

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