The rise of the far right in recent local elections and internal instability in Germany appear to be leading Olaf Solz’s coalition to past eras of erecting walls where they have fallen.
“There are points that need to be clarified to clarify whether the announcements are consistent with Community law which is doubtful based on what is known so far” points out a European source at BIMA.
The message of Prime Minister Kyriakos Mitsotakis was clear, speaking on the radio station Talk Radio 98.9, he emphasized that the answer to the problem cannot be the abolition of the Schengen treaty.
Criticisms and the Agreement on Migration and Asylum
Donald Tusk appeared critical of Berlin’s decisions, who asked for consultations with the countries affected by Germany’s decisions.
The representative of the Commission, Annita Hipper had stated that the Commission has received information from the German authorities and they are evaluating it.
The final solution is expected to be given when the new Pact on Migration and Asylum comes into force in 2026, a community source points out. Until then, an intensive program is being followed for its implementation, while all the moves in the interim do not overturn what has been agreed.
During the pandemic, 19 member states had informed the Commission about strengthening the borders, while now there are six (Germany, Austria, Slovenia, Italy, Sweden, France).
What does the Schengen Borders Code provide?
The Schengen Borders Code (SBC) allows Member States to temporarily reintroduce border controls at internal borders in the event of a serious threat to public policy or internal security. However, it must be applied as a measure of last resort, in exceptional cases and must respect the principle of proportionality.
For planned events (e.g. sporting events), the duration of border control is limited to 30 days, or for the anticipated duration of the threat, if it exceeds 30 days.
If required, the reintroduction of border control may be extended for renewable periods of up to 30 days. The total period does not exceed 6 months. When immediate measures need to be taken to adequately respond to a threat, a Member State can reintroduce border controls for 10 days without prior notice.
The Commission and the Member States must be informed immediately of these decisions. At the same time re-entry can be extended for periods of up to 20 days, the total period of border control does not exceed 2 months.
In exceptional cases, where the overall functioning of the Schengen area is jeopardized as a result of persistent serious deficiencies relating to the control of the external borders, and where these circumstances constitute a serious threat to public policy or internal security, the Council may, after on a proposal from the Commission, to recommend to one or more Member States that they decide to reintroduce border control at all or specific parts of their internal borders.
This recommendation is made only as a last resort and as a measure to protect common interests within the Schengen area.
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