The Schengen Area comprises 25 European Union (EU) countries and 4 European Free Trade Association (EFTA) countries, totaling 29 countries. Citizens of the countries within this region have the right to free movement within the region’s borders and are not subject to any document or visa checks. At the same time, citizens of member states, as well as citizens of third countries, obtain the right to free movement within the Schengen Area as long as they possess the necessary documents and visas.
However, unlike the usual course of events, member countries of the Schengen Area may temporarily reintroduce border controls in cases of security threats or emergencies, or when governments deem it necessary. The justification and duration of this application must be reported to the European Commission.
In line with the above information, the German government has implemented border controls at all land borders starting from September 16, 2024. This decision can be interpreted as the latest point in Germany’s implementation of limited border controls since 2015, which has gradually expanded to become more comprehensive over time. Germany shares borders with nine countries: Austria, Belgium, the Czech Republic, Denmark, France, Luxembourg, the Netherlands, Poland, and Switzerland. Border controls were first implemented in 2015 at the land border with Austria. Subsequently, it continued with temporary controls at the borders of Poland, the Czech Republic, and Switzerland.
A decrease in illegal entries has been observed after the partial implementation of border controls in 2023. According to Faeser, more than 30,000 people were sent back during checks in the relevant year, and this number is expected to increase this year with stricter controls. Germany has informed the European Commission that the implementation of border controls will continue until March 15, 2025. Germany’s Interior Minister Nancy Faeser stated that the reason for the strict controls being implemented at all borders is to further reduce irregular migration, stop human traffickers, prevent criminals, decrease criminal activities, and recognize and halt radical Islamist movements.[i]
These border controls particularly concern individuals traveling to Germany by road from neighboring countries. There has not yet been any change in the existing procedures related to air transportation within the scope of inspections. Based on official statements, it is possible to say that the controls do not cover citizens of Schengen Area member countries, individuals with residence permits in member countries, and tourists holding Schengen visas. The right to free movement for these individuals is still protected. It has also been stated in the announcements that care will be taken to ensure that traffic with neighboring countries is not disrupted and that citizens from neighboring countries who come to work in Germany for the day are not adversely affected. However, it is indicated that due to the tightening of controls and the fact that everyone will be subjected to scrutiny, Germany will have a broader initiative over individuals with mobility.
These developments have raised questions regarding the Schengen Area and visa issuance procedures, as Germany’s primary goal is to combat irregular migration, prevent human trafficking, and maintain border security. It is said that in some cases, Germany can also monitor individuals with the legal right to enter the country and prevent their entry if necessary. Due to border controls and German laws, border police will not allow entry to individuals they deem problematic, even if they have a visa. Critics believe that Germany is conducting border control without a clear and definite threat due to internal political pressures. This situation raises questions about the implementation of the Schengen agreements and Germany’s border security policies.
In addition to the impact on the mobility of civilians, Germany’s implementation of border control has faced criticism from several European Union countries within the Schengen Area. Leaders of neighboring countries have also reacted to Germany in turn. Poland’s Prime Minister Donald Tusk described this decision as “unacceptable” and subsequently called on other countries within the European Union to take action as well. In a post made on the social media platform X, he stated, “The only way to prevent irregular migration is to increase controls at the external borders of the European Union (EU), not at internal borders between countries.”[ii] Austrian Interior Minister Gerhard Karner stated that this decision is illegal and that they will not accept migrants rejected by Germany.[iii] Greek Prime Minister Kyriakos Mitsotakis believes that this practice constitutes a unilateral termination of the Schengen Agreement.[iv]
German Chancellor Olaf Scholz has reached out to the leaders of the countries that reacted immediately to these criticisms to hold the necessary discussions. Scholz called Polish Prime Minister Donald Tusk to explain that Germany’s step is aimed at preventing irregular migration and requested his understanding. It has been announced that Scholz also met with Austrian Chancellor Karl Nehammer and Luxembourg Prime Minister Luc Frieden. Scholz stated that Germany adheres to European Union regulations in these discussions, but that irregular migration can be successfully prevented through border controls. It has been stated that Prime Minister Scholz is also in contact with European Commission President Ursula von der Leyen regarding this matter and has provided the necessary notifications concerning the border controls implemented by Germany.[v]
As a result, Germany tightening its border controls can be seen as a threat to the right to free movement within the Schengen Area. It appears that this decision could lead to political and diplomatic tensions, especially among countries within the EU. The impact of this step taken by Germany to combat irregular migration and enhance border security on the cooperation mechanisms within the EU will become clearer over time.
[i] Alexander Ratz and Sarah Marsh, “Germany tightens controls at all borders in immigration crackdown”, Reuters, https://www.reuters.com/world/europe/germany-put-temporary-controls-all-land-borders-source-says-2024-09-09/, (Accessed on: 11.09.2024).
[ii] Kate Connolly, “German border plan to stop ‘irregular migration’ unacceptable, says Tusk”, Guardian, https://www.theguardian.com/world/article/2024/sep/10/germany-steps-up-controls-at-borders-in-response-to-irregular-migration, (Accessed on: 11.09.2024).
[iii] Paul Kirby, “Neighbours criticize German move to extend border controls”, BBC, https://www.bbc.com/news/articles/cq5dvzj81g3o, (Accessed on: 11.09.2024).
[iv] “Greek PM says German border plan will be burden for Greece”, Reuters, https://www.reuters.com/world/europe/greek-pm-says-response-migration-cannot-be-scrapping-schengen-zone-2024-09-12/, (Accessed on: 13.09.2024).
[v] Ibid.
