Written by Costica Dumbrava and Giulio Sabbati,
The Schengen AreaThe Schengen Area consists of 26 countries that have agreed to remove regular checks at their internal borders in order to facilitate the free and unrestricted movement of people: 22 EU Member States (Belgium, Czechia, Denmark, Germany, Estonia, Greece, Spain, France, Italy, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Slovakia, Slovenia, Finland and Sweden), and 4 associated countries (Iceland, Norway, Switzerland and Liechtenstein). The Schengen Borders Code lays down the common rules governing the management of internal and external EU borders, including rules and procedures concerning the exceptional introduction of border checks at internal borders. According to the Code, Member States can introduce temporary border checks at their internal borders in cases of a foreseeable threat (e.g. a special event), an immediate threat or in the situation of persistent serious deficiencies relating to external borders.
In March 2020, the coronavirus outbreak has pushed many Member States to reintroduce border controls at internal borders on the grounds of an immediate threat to public policy. According to Article 28 of the Code, the duration of such exceptional measure must be limited to no more than ten days, with the possibility to extend them by renewable periods of 20 days, up to a maximum of two months. Member States must notify the Commission and the other Member States before taking action, specifying the reasons, scope and duration of the measures. This information must be submitted to the European Parliament and the Council too. The Commission is supposed to issue an opinion after consulting the other Member States.
In order to ensure the free circulation of goods and services in the single market during the ongoing health crisis, the European Commission put forward guidelines for border management measures. On 17 March, the members of the European Council accepted the Commission’s proposal to introduce a coordinated restriction of non-essential travel into the EU for a period of 30 days. The travel restriction provides for exemptions for nationals of all EU Member States and Schengen Associated States (UK nationals will be treated in the same way as EU citizens due to the current transition period), for the purposes of returning to their homes and for travellers with an essential function or need. As of 24 March, all Member States except Ireland (due to its common travel area with the UK) have implemented the temporary restriction.
The European Parliament has consistently defended the Schengen Area and condemned the unjustified reintroduction of internal borders. On 16 March, Juan Fernando López Aguilar, the Chair of the Civil Liberties Committee (LIBE), called for a coordinated approach and urged Member States to take measures that fully respect the Schengen rules and the principles of proportionality, solidarity among Member States, and non-discrimination.
Read the complete briefing on ‘The impact of coronavirus on Schengen borders‘ in the Think Tank pages of the European Parliament.