Six Schengen Area Member Countries have extended the reintroduction of border controls for another six months, mainly citing as a reason secondary movements and terrorist threats, in spite of a judgment of the Court of Justice of the European Union, which had pointed out that the extension of border controls beyond six months for the same reason is in contradiction to the Schengen Border Code.

While Austria, Denmark, Germany, Norway, and Sweden, have prolonged border controls that were set to expire on May 11, to November 2022. France, on the other hand, has extended its border controls at all internal borders due to “continuous terrorist threat, secondary movements” until October 31.

At the same time, France is the only Schengen country that continues to keep in place border controls based on the context of COVID-19. The same were set to expire on April 30, but the French authorities have approved their extension for six more months, asserting that border controls contribute to the prevention of COVID-19 due to cross-border movement.

The other five, have introduced internal checks at the following borders and for the following reasons:

Austria – at land borders with Hungary and with Slovenia due to secondary movements, risk related to terrorists and organized crime, and the situation at the external borders
Denmark – at the land border and on ports with ferry connections to Germany and Sweden due to terrorist threats, organized criminality threats
Germany – at the land border with Austria due to secondary movements, as well as the situation at the external borders
Norway – at ports with ferry connections to Denmark, Germany, and Sweden due to terrorist threats and secondary movements
Sweden – due to terrorist threats and shortcomings at the external borders; to be determined but may concern all internal borders
All six have prolonger previously reintroduced border checks in spite of the EU Court issuing a judgment in April this year, calling such borders illegal.

“The Schengen Borders Code permits a Member State, where there is a serious threat to its public policy or internal security, to reintroduce border control temporarily at its borders with the other Member States. However, the Court holds that such a measure, including all possible prolongations, cannot exceed a maximum total duration of six months,” the Court says in its judgment regarding the case of a citizen who was fined by Austrian authorities at the border with Slovenia, after the same refused to present his passport, telling the border officers the Schengen Borders Code permitted him to refuse to show his passports at internal border controls.

According to the Court, the Member States can reintroduce border controls beyond six months but not for the same reason as the previous six months, asserting that this period should have been enough for the member state to come up with more effective means to prevent that particular threat.

Other recent news articles regarding the same topic:

Austria Set to Extend Border Controls in Spite of Top EU Court’s Ruling That They Are Illegal
Denmark Extends Internal Border Controls for Six More Months
Sweden Reintroduces Border Controls Citing “Terrorist Threats & Shortcomings” at External Borders

Categories: immigration


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