An IMGW News Report:
The free movement of people and goods is a cornerstone of the EU single market, but some governments are seeking stricter border controls even within the European Union. The EU allows for this in certain cases.
Hundreds of thousands of football fans travelled to Germany for the Euro 2024 football championship. Ahead of and during the tournament, random checks were carried out at the borders to ensure security. Germany is now once again debating whether it would make sense to extend these temporary controls at borders with other EU countries.
EU law generally prohibits identity checks within the Schengen Area, permitting temporary controls only in very restricted circumstances. The Schengen Area includes all EU member states except Ireland and Cyprus, as well as the non-EU countries Switzerland, Liechtenstein, Norway, and Iceland. The Schengen Treaty was named after a village in Luxembourg, where the first agreement to abolish border controls was signed by five EU states in 1985.
“Some industry experts suspect that Investment Migration clients, particularly those involved in RBI and CBI programmes, might face uncertainties due to these tighter controls.”
‘One of the Crown Jewels of European Integration’
The EU single market pledges free movement of goods, services, capital, and people within the bloc. Travelling across borders without controls is one of the cornerstones of the European integration process. Earlier this year, European Commission Vice President Margaritis Schinas said that “Schengen remains one of the crown jewels of European integration.”
The benefits of the borderless Schengen Area are enjoyed by 420 million EU citizens and about 500 million annual travellers to the bloc from non-EU states. Before the EU member states abolished internal border controls in the 1990s, efficient control of the bloc’s external borders was agreed to in accordance with common criteria.
But many EU interior ministers find the external borders inadequate. There have been more and more complaints about what they perceive as the lack of protection for the European Union’s external borders, particularly since 2015, when major movements of migrants from the Middle East into the EU via Greece and Italy intensified. In October 2023, Austrian Interior Minister Gerhard Kamer said that Schengen had “never been as broken as it is now.” He thinks it is too easy for people without passports or visas to enter the EU.
Tightening of Borders Since 2015
Transit countries and countries along the Balkan route that some migrants use to reach the EU have started to reintroduce checks at their borders. There have been controls on the border between Austria and Germany since 2015. France also tightened controls after devastating terrorist attacks in 2015 and 2016.
In its annual State of Schengen Report, the European Commission says the checks at numerous internal EU borders are not “systematic” and do not affect all people wanting to cross. It says visual checks tend to be carried out on some highways and train lines, with some people targeted for further identification or inspection. The checks do not usually cause major delays or traffic jams on the borders. The idea is not to inspect trucks and other goods vehicles, nor commuters if possible.
The European Commission has recommended mixed teams of patrols from different countries that can spontaneously set up checkpoints behind borders and inspect papers, visas, and residence permits instead of erecting visible control posts on highways. The EU also has a mechanism whereby people can be checked within an area of 30 km on both sides of a border even if there is no concrete suspicion. The Schengen borders code, which was recently revised and adopted by all of the EU’s member states, states that “border control at internal borders shall only be reintroduced as a last resort.”
Some Exceptions Allowed
In theory, systematic border controls are only permitted if there are particular dangers or in the event of planned major events such as the Olympic Games, G7 summits, or major football tournaments. They are supposed to last a maximum of six months and must be justified on a case-by-case basis, as required by the European Court of Justice.
In practice, however, member states have repeatedly implemented their own exceptions using justifications such as migration, the threat of terrorism, or security concerns in the wake of Russia’s full-scale invasion of Ukraine. Some countries also tightened borders after October’s Hamas terror attacks on Israel in October 2023. The European Commission regularly issues rebukes to member states that erect border controls and requests them to limit these to what is absolutely necessary, but its power is limited.
Member states do not have to receive permission from the European Union to erect border controls at internal borders, but they do have to announce plans four weeks in advance. There is also an emergency regulation in the code that allows member states to shut borders on short notice “in the event of a serious threat to public policy or internal security.”
Police Use of Schengen Information System
In their investigations, police officers often make use of the Schengen Information System (SIS), a governmental database maintained by the European Commission. It contains data regarding all arrest warrants across the bloc and can bring up information about an inspected person anywhere in the EU, not only at national borders, as it is available to police everywhere.
Politicians on the German right have argued that the Euro 2024 border controls were so efficient that they should be maintained. Officials from the European Commission, however, argue that such extensive checks might not be necessary, pointing out that similar results could be achieved by conducting checks on motorways or in railway stations.
In its State of Schengen Report, the European Commission notes that drug-related crime is better fought at the source, namely in major EU ports such as Hamburg, Antwerp, or Amsterdam, rather than at land borders within the Schengen Area. In principle, the EU member states agree with this and are developing action plans for better control of the harbours, which form the external borders of the EU.
Police statistics show that the total number of crimes in Germany has fallen since the Schengen Agreement was enacted in 1995. That year, 6.6 million crimes were registered by the police. In 2023, the figure was 5.9 million.
Impact on Investment Migration Sector
Some industry experts suspect that Investment Migration clients, particularly those involved in RBI and CBI programmes, might face uncertainties due to these tighter controls. The move towards stricter border controls, although intended for security, raises questions about the balance between safety and the free movement of people within the EU.
As seamless travel within the Schengen Area is a significant draw for investors, ongoing debates on border security could impact the appeal and feasibility of investment migration schemes. This balance remains a critical issue for the EU and its member states, with significant implications for the Investment Migration sector.
