After a series of horrific incidents and stabbings by foreigners that resulted in fatalities, Germany has announced that it will tighten border controls. There is a lot of commotion about this. But what is the real story? An overview.
The strict border controls will come into effect on Monday, September 16. According to Interior Minister Nancy Faeser (SPD), it is a temporary measure. She is supported in her plans at least by the influential leader of the CDU, Friedrich Merz, who wants to declare a national asylum crisis. That would offer additional restrictive possibilities.
“If the European Union cannot guard its external borders, Germany must close its own borders,” Merz said. He did not attach a time frame to this: “As long as necessary.”
1. What does the Schengen Agreement say about border controls?
Germany, like the Netherlands, is part of the Schengen area with a total of 29 countries. This means: mutual open borders and free movement of people and goods.
Since 2011, under the Schengen Treaty (the first dates from 1985, and has been amended from time to time), temporary border controls may be imposed in three cases.
Under foreseeable circumstancessuch as extreme crowds due to a major event.
In urgent cases Border controls can be introduced for ten days, with a possible extension of twenty days each time, up to a maximum of two years.
If there is any persistent deficiencies of the Member State.
In some cases, periods have already been extended. The European Commission must be informed in advance.
Undoubtedly, Germany is invoking Article 34 of the Schengen Borders Code as agreed on 24 April 2024: ‘In action against threats to the Schengen area, it may in exceptional cases as a last resort Member States may need to take measures at internal borders. Given that the temporary reintroduction of border controls at internal borders has an impact on the free movement of persons, a decision to reintroduce such border controls should be taken in accordance with commonly agreed criteria and duly notified to the Commission, the Parliament and the Council or recommended by a Union institution.
Member States retain the power to determine whether temporary reintroduction or prolongation of border controls is necessary. Under existing rules, the reintroduction of border controls at internal borders is permitted where there is a serious threat to internal security or public policy in one Member State for a limited period of time. In particular, terrorism and organised crime, large-scale public health emergencies or major or important international events, for example in the fields of sport, trade or politics, may constitute a serious threat to public policy or internal security.’
2. But were there no more checks at all?
Certainly. Due to the persistent threat of terrorism and migration flows, countries such as Austria, France and Germany have always maintained temporary border controls.
The borders were also checked during the European Football Championship. That is under foreseeable circumstances. Other countries have also had permission from the European Commission for some time to carry out temporary border controls. Incidentally, these appear to be quite permanent on the border between Austria and Slovenia.
Since 2023, checks have been carried out at the borders in the east and south of the Federal Republic. These temporary checks along the borders with Austria, the Czech Republic, Poland and Switzerland have resulted in around thirty thousand people being denied entry.
3. How long is the German border?
A total of 3,618 kilometers. According to the German police, there were 127,000 illegal border crossings in 2023. Germany has nine neighboring countries: Denmark, Poland, the Czech Republic, Austria, Switzerland, France, Luxembourg, Belgium and the Netherlands. There are 354 border crossings between the Netherlands and Germany.
4. Who is being monitored?
The checks are intended to stop foreigners without valid documents or visas, as well as asylum seekers who are already registered in another country within the European zone.
Incidentally, strict border controls were also imposed in Germany in 2015. In the first weekend of September, twenty thousand asylum seekers arrived in Munich alone. At the moment, people who have not applied for asylum in Germany or who have an entry ban are being sent back.
Dutch people must therefore take their passports with them if they want to cross the border into Germany. What this means for freight transport is not yet clear. It is of great economic importance that it runs smoothly, which is also clear for Germany.
Nobody wants to see scenes like those that have been created around the British borders by Brexit: huge traffic jams and hours of waiting. That is why, not surprisingly, the transport sector has immediately reacted with concern. Waiting costs money: a hundred euros per driver per hour.
5. What is the political position of these measures?
Times have changed since former Chancellor Angela Merkel uttered the historic words ‘We make it‘, we can handle this, said after the large influx of mainly Syrian refugees.
Optimism has given way to realism: Germany, economically ailing, is creaking at the seams in every respect. Especially after the shocking attacks in Solingen and Mannheim, both by refugees, the wind has changed.
Meanwhile, 73 percent of the population agrees with the border controls. Minister Faeser: ‘We want to further curb illegal immigration and protect ourselves from the acute threat of Islamic terrorism and serious crime.’
The decision is undoubtedly intended as a deterrent, as it is questionable whether there are enough police and customs personnel to implement the measure.
Of course, there are politicians who object to the plans and find them legally questionable, also within Faeser’s party. In Germany, the rise of the right-wing populist AfD undoubtedly plays a role: that party campaigned successfully by hammering on the importance of security.
The border measures are part of a much larger package of measures, including cutting benefits for refugees who are deported, a ban on knives at major events and the use of facial recognition by the police.
Whether the Netherlands will follow the German example is unclear. The Outline Agreement does state that the government wants to intensify border controls and surveillance.
6. Will there be border controls between the Netherlands and Germany?
Probably. Although it remains to be seen how the measures will be implemented exactly, Germany has announced that it will be checking all external borders: that automatically includes the one with the Netherlands. Although the German government has not explicitly stated this anywhere.
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