Map | How Germany’s border closures jeopardize the Schengen Area

The great pillar of European architecture — the free movement of people and goods in the Schengen Area — is on shaky ground. Member states have been tightening border controls with increasing frequency, and the Schengen Area is now marked by scar-like dividing lines. Germany’s decision to install controls on its nine borders starting Monday is another blow that has angered neighbors and alarmed experts who fear that one of the EU’s greatest achievements could collapse.

According to Alberto Alemanno, Jean Monnet Professor of European Law and Policies at the Paris School of Business Studies, the German announcement is unprecedented “in terms of its scale and nature.” The expert, who talks to EL PAÍS by phone from the United States, argues that the measure from the Olaf Scholz government is “incompatible with EU law,” and more motivated by politics than strategy. Faced with the rise of the far right, the German government has justified the measure — initially planned for six months — by claiming it is in response to migratory pressure and the risk of Islamist terrorism.

The reintroduction of border controls is intended as an exception in the event of a threat to public order or national security. It should be a last resort and must be justified and proportionate. Alemanno believes that Germany’s reasons do not meet these requirements. The expert also stresses that, since the controls will be applied across all of Germany’s borders — and Germany is at the heart of the EU and its largest economy — the move will not only on neighboring states, but “virtually all of them.”

The first to react to Berlin’s announcement were the countries that share a border with Germany. Poland’s liberal-conservative prime minister, Donald Tusk, described the order as a “de facto suspension of the Schengen Agreement on a large scale,” and announced that he would begin “urgent consultations” with the other eight countries directly affected. Austria said it would not accept people whom Germany decided to turn away at its border, and the Netherlands warned of the impact on cross-border workers. According to EU data, 1.7 million people cross intra-EU borders every day to work in another country.

Berlin’s decision has consequences that reach far beyond its territory. For Greek Prime Minister Kyriakos Mitsotakis, the German government is seeking to “unilaterally abolish Schengen.” His Hungarian counterpart, the populist Viktor Orbán — who supports anti-immigration policies — welcomed Scholz into the “club” of the EU countries who want border controls.

Schengen came into force in 1995 and now covers 29 states, 25 of the 27 that make up the EU (Ireland and Cyprus are excluded, while Romania and Bulgaria are partially integrated), plus Norway, Switzerland, Iceland and Liechtenstein. The area of free movement has so far been compromised by two major crises. The first was the arrival of more than a million asylum seekers, largely fleeing the war in Syria, in 2015 and 2016. The second was the Covid-19 pandemic.

In recent years, several states have reinstated or strengthened controls and have gradually extended what was initially a temporary measure. These measures have been defended as a response to migratory pressure, as well as the threat of terrorism, which is how countries such as France have been justifying restrictions in force since 2015. Other states have also recently cited the wars in Ukraine and Gaza — and the associated risks of Russian operations, an increase in refugees or terrorist attacks — as reasons to strengthen border control.

In the autumn of 2023, the increase in migrant arrivals via the Balkan route prompted a chain of border closures to cut off their passage. Slovakia with Hungary; Poland with Slovakia; Germany with Poland, the Czech Republic and Switzerland... Some border closures are still in place, such as those imposed by Berlin, which are now being extended. Austria — which Germany has implemented controls on since 2015 — has also established restrictions on the border with Slovakia and the Czech Republic that expire on October 15, and with Slovenia and Hungary, in force until November 11. The country has argued that its asylum system is under pressure, and also pointed to security reasons exacerbated by the conflicts in Ukraine and Gaza.

Slovenia has controls with Croatia and Hungary until December 21. In its notification to the European Commission, which has no veto power, it cited deteriorating global security, as well as the increased terrorist threat and organized crime in the Western Balkans. The country also cited sporting events such as the European Championship and the Olympic Games, among other reasons specified by some countries.

Italy has also stepped up security on its border with Slovenia, which will remain in place until December. It justified this move by pointing to the threat of terrorists hiding among migrants on the Balkan route, risks related to the war in Ukraine and the danger of outbreaks of violence linked to Italy’s presidency of the G7.

Denmark is monitoring land and sea traffic with Germany, citing terrorist threats related to the Gaza war, Koran burnings in 2023 and the risk of Russian espionage. Sweden has also stepped up its checks, saying the Gaza war poses a security threat, including antisemitic attacks.

Norway, which is not a member of the EU but is part of the Schengen Area, has imposed controls on ports with ferry connections that are in force until November 11. Oslo also fears Russian operations that could jeopardize its gas exports or its military aid to Ukraine.

Restrictions by member states often come up against criticism from the European Parliament, which approved an update of the Schengen Borders Code, in force since June. The reform aims to improve coordination between member states in the face of shared threats, and to ensure the closure or reinforcement of border crossings is only taken in truly exceptional cases. The Commission has recommended that the 27 EU states use alternative measures such as police checks and joint patrols between states to avoid the closure of internal borders. The aim is to reinforce and protect the free movement of goods and people. “This is the most tangible benefit of the EU,” stresses Alemanno, who describes Germany’s decision as “a nail in the coffin of Schengen.”

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