Germany Implements Temporary Border Controls Amid Criticism from EU Neighbors

LAWGermany Implements Temporary Border Controls Amid Criticism from EU Neighbors

Germany has introduced temporary controls at all land borders in an effort to curb illegal migration. Such measures are permitted when there is a threat to public order or internal security. However, Polish MEPs argue that there is no basis for such actions, calling Germany’s move a selfish decision that violates the principles of the European Union.

“Europe will be safer if it is more integrated, and if collective actions are taken in response to migration threats, rather than unilateral measures taken by one country against its neighbors,” said Andrzej Halicki, a Member of the European Parliament from Poland’s Civic Platform party, following a debate in the European Parliament.

The new border controls apply to Germany’s land borders with France, Luxembourg, the Netherlands, Belgium, and Denmark for a six-month period. Germany aims to reduce illegal migration through these measures, expanding controls that have been in place on its borders with Austria, Poland, the Czech Republic, and Switzerland, which are set to continue until the end of 2024. The decision has drawn criticism from several EU countries, including Poland. Polish Prime Minister Donald Tusk condemned the decision, calling it “an unacceptable de facto suspension of the Schengen Agreement on a large scale.” Austria also stated that it will not accept any migrants expelled by Germany. According to Germany’s Ministry of the Interior, since October 16, 2023, German federal police have recorded approximately 52,000 attempts at illegal border crossings and carried out around 30,000 deportations under the temporary controls.

“Chancellor Scholz’s introduction of border controls is a hypocritical propaganda stunt. These controls are virtually illusory and do not increase security, but they violate EU principles without notifying partners or the European Commission. Why is it hypocritical? Because the SPD and the German government opposed building an EU-funded external border security system,” argues Andrzej Halicki.

The introduction of border controls follows a knife attack in the German city of Solingen at the end of August, where three people were killed. The attack, claimed by ISIS, was carried out by a Syrian citizen whose asylum application had been previously rejected with an order to return to Bulgaria. Under pressure, Chancellor Scholz ordered stricter controls on all nine of Germany’s land borders.

“Poland also introduced similar controls during the COVID crisis, as did other countries temporarily. But the issue here is not about bypassing regulations; it’s about ensuring the Schengen Area functions properly,” says Tobiasz BocheÅ„ski, an MEP from Poland’s Law and Justice party.

“There are proper regulations allowing for temporary border controls for up to six months, effectively suspending the Schengen Area. However, this must be preceded by analysis, documentation, and approval from partners and the European Commission. Furthermore, it must be tied to a significant security threat. No such event has occurred in Germany, and I say this with full confidence, as the number of migrants is lower than two years ago. So why is Olaf Scholz resorting to such measures? It’s because he’s losing elections in the German states,” Halicki added.

Since 2015, in response to the migration crisis and rising terrorism threats, several Schengen countries have reinstated such controls, including during the COVID-19 pandemic. According to the European Commission, since 2006, EU member states have submitted 441 notifications of reintroducing border controls, with only 35 filed before 2015. Currently, eight Schengen countries are conducting border controls, which challenges the notion that such measures should be exceptional and only used as a last resort.

“The Schengen Area is in crisis. If it weren’t, Germany wouldn’t have decided to close its external borders, effectively splitting the Schengen Area in half by introducing customs controls,” BocheÅ„ski emphasized. “This demonstrates that both immigration policies and tensions within the EU are causing a fracture in the Schengen Zone, which is of immense importance to us as one of the EU’s greatest achievements. The EU must address these challenges, especially when its largest and wealthiest country temporarily suspends the Schengen Area’s operations.”

The Schengen Zone offers significant economic benefits to citizens and businesses in participating countries. It is intended to be a cornerstone of the EU and its single market. Established in 1985 as an intergovernmental project among five EU countries—France, Germany, Belgium, the Netherlands, and Luxembourg—the Schengen Zone is now the world’s largest free-travel area, spanning over 4 million square kilometers and home to nearly 420 million people. It includes 29 countries: 25 of the 27 EU member states (excluding Cyprus and Ireland) and all members of the European Free Trade Association (Iceland, Liechtenstein, Norway, and Switzerland). Bulgaria and Romania were the latest countries to join, with internal air and sea border checks lifted as of March 31, 2024. Every day, about 3.5 million people cross internal borders for work, study, or to visit family and friends.

In 2023, nearly 1.13 million people filed for asylum in the EU, a 20% increase from 2022 and the highest number since 2016 (1.26 million). The largest groups of asylum seekers were Syrians, Afghans, Turks, Venezuelans, and Colombians. Germany, France, Spain, Austria, and Italy received almost three-quarters of all asylum applications, with Germany accounting for 25% of the total.

“For many years, we have consistently held a unified position, even across party lines, and we were right, not Germany. So today, we can boldly say: stop the propaganda and selfish policies, and do exactly what we have been calling for and will be doing in the near future,” says Andrzej Halicki. “The European People’s Party will ensure that funds are allocated for border infrastructure. The German government opposed expanding and increasing staffing for Frontex, but the agency needs more funding. We want Frontex to be three times larger than it is today. Building a shared database, cooperating with security services, and creating a fund for returning illegal migrants to their home countries requires funding from the EU budget. On the one hand, the German government refuses to spend any money on this, while on the other hand, they claim to be under threat and implement border controls.”

Frontex, the EU’s border and coast guard agency, is building its own permanent corps of armed border guards and purchasing border control and patrol equipment. Until now, the agency was entirely dependent on member states for these resources.

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