Under European Union legislation, Member States are allowed to temporarily reintroduce internal border controls under specific conditions. At the same time, the Commission is required to issue an opinion when such controls remain in place for more than 12 months. The opinions assess the necessity and proportionality of the measures notified by Member States, as well as the alternative and mitigating measures introduced to reduce the impact on cross-border travel and mobility.
The Commission reiterated its commitment to preserving free movement and security within the Schengen area. In this context, the opinions include recommendations aimed at the gradual phasing out of internal border controls.
The Commission noted that Member States have the right to temporarily reintroduce border controls when facing a serious threat to public policy or internal security. This possibility has been used due to concerns linked to security threats and the migration situation.
The Commission also highlighted that internal border controls have consequences for neighbouring Member States. For this reason, measures limiting the impact on cross-border workers and local communities are considered essential. According to the Commission, the structured dialogue and consultation process coordinated by the Schengen Coordinator have contributed to reducing waiting times and improving operational coordination and information exchange.
The Commission further underlined that the upcoming full implementation of the Pact on Migration and Asylum is expected to strengthen the conditions needed for the gradual lifting of internal border controls. The Pact is intended to reinforce the management of the EU’s external borders and provide Member States with more effective tools to address unauthorised movements within the Schengen area.
New European border management systems are also expected to play an important role. The Entry-Exit System, fully applicable since April this year, together with the future rollout of the European Travel Information and Authorisation System (ETIAS), will strengthen the monitoring of crossings at the EU’s external borders and improve oversight of entries and exits from the Union.
The Commission also stated that effective alternatives to internal border controls are available. These include non-systematic police checks, mobile biometric identification technologies and vehicle tracking systems. In many cases, Member States already apply risk-based checks that resemble non-systematic police controls and could gradually replace border controls.
Based on these findings, the Commission recommends that the nine Member States work towards phasing out and gradually lifting internal border controls, while making full use of available alternative measures and regional cooperation.
In the coming period, the Commission will consult with the Member States concerned regarding the implementation of the opinions and continue working with them to ensure that temporary internal border controls do not undermine the long-term functioning of free movement within the Schengen area.
Tags: Schengen European Commission
