MEPs Harshly Criticize Introduction of Internal Border Controls

Members of the Civil Liberties Committee of the European Parliament have called for a swift return to a fully functional Schengen area, as a crucial move to safeguard freedom of movement and ensure the EU’s economic recovery, harshly criticizing the introduction of border controls by the Member States.

On Thursday, June 4, in a meeting of the Committee, the participating MEPs have supported a resolution which among others urges the Council, the Commission and the governments of the Member States to undertake the necessary measures for the full recovery of the Schengen Area.

The resolution was approved with 53 votes in favour, six against and six abstentions. During the video-meeting, MEPs expressed their concern about the current situation of internal border controls in the Schengen area and their impact on people and businesses.

“… a swift and coordinated return to a fully functional Schengen area is of utmost importance to safeguard freedom of movement, one of the main achievements of European integration, and to ensure the EU’s economic recovery after the pandemic,” reads a press release of the European Parliament regarding the meeting.

During the meeting, the MEPs suggested a regional approach to the containment of the pandemic, as a more proportionate approach compared to national border controls. They also asserted that restrictions on freedom of movement could be lifted where the public health situation in neighbouring regions has comparably improved.

A Recovery Plan for Schengen and the ways and means to return to a fully functioning Schengen area as quickly as possible was discussed among the MEPs, as a way to prevent temporary internal border controls from becoming semi-permanent. The plan should also include contingency plans in case of a potential second wave.

According to Juan Fernando López Aguilar, the Civil Liberties Committee Chair and rapporteur, the Schengen area is one of the greatest achievements for the majority of the EU member states, and as such it must be preserved.

“I strongly deplore any unilateral or disproportionate measures by the individual Member States to impose border restrictions upon the other Member States without communication or a clear and limited timeframe. All actions meant to restore a fully operational Schengen area must be coordinated at EU level and fully respect the principle of non-discrimination,” he said.

The Committee instructs the President of the Parliament to forward the resolution to the Council, the Commission, and the Member States’ governments and parliaments.

The resolution also reminds the Member States that the Schengen Borders Code clearly notes that the internal borders are a measure of last resort and exceptional.

At the same time, it acknowledges that the Schengen Area has never before experienced the outbreak of such a severe pandemic on its territory, recalling that the provisions of the Schengen Borders Code state explicitly that a threat to public health may constitute a ground for refusal of entry at the external border. It, however, recalls that the Code does not – and the Convention implementing the Schengen Agreement did not – mention public health as a ground for the reintroduction of internal border control.

“[The European Parliament] Calls on the Member States to reduce restrictions on the freedom of movement to the same extent that COVID-19 containment measures are relaxed; considers that with the appropriate Union-level coordination, a more regional approach may be more proportionate than national border controls and might allow for restrictions on freedom of movement to be lifted where the public health situation in neighbouring regions has comparably improved,” the resolution reads.

Additionally, the Committee calls for a proposal from the European Commission to reform Schengen governance in light of new challenges.

The number of Schengen and EU Member States announcing the reopening of their internal border controls for fellow nationals of the block is on the rise, with the majority of them opening their borders throughout June.