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EXPLAINED: Which Schengen area countries have border controls in place and why?

Borders within Europe's Schengen area are meant to be open but several countries have checks in place but are they legal and will they be forced to scrap them? Claudia Delpero explains the history and what's at stake.

EXPLAINED: Which Schengen area countries have border controls in place and why?
A French police officer checks a passport at a border post (Photo by IROZ GAIZKA / AFP)

The European Court of Justice has recently said that checks introduced by Austria at the borders with Hungary and Slovenia during the refugee crisis of 2015 may not be compatible with EU law.

Austria has broken the rules of the Schengen area, where people can travel freely, by extending temporary controls beyond 6 months without a new “serious threat”.

But Austria is not the only European country having restored internal border checks for more than six months.

Which countries have controls in place and what does the EU Court decision mean for them? 

When can EU countries re-introduce border checks?

The Schengen area, taken from the name of the Luxembourgish town where the convention abolishing EU internal border controls was signed, includes 26 states: the EU countries except for Ireland, Bulgaria, Cyprus, Croatia and Romania, plus Iceland, Norway, Lichtenstein and Switzerland, which are not EU members.

The Schengen Borders Code sets the rules on when border controls are permitted. It says that checks can be temporarily restored where there is a “serious threat to public policy or internal security”, from the organisation of a major sport event to a terrorist attack such as those seen in Paris in November 2015.

However, these checks should be a “last resort” measure, should be limited to the period “strictly necessary” to respond to the threat and not last more than 6 months.

In exceptional circumstances, if the functioning of the entire Schengen area is at risk, EU governments can recommend that one or more countries reintroduce internal border controls for a maximum of two years. The state concerned can then continue to impose checks for another six months if a new threat emerges. 

Which countries keep border checks in place?

Countries reintroducing border controls have to notify the European Commission and other member states providing a reason for their decision. 

Based on the list of notifications, these countries currently have controls in place at least at some of their borders: 

Norway – until 11 November 2022 at ferry connections with Denmark, Germany and Sweden. These measures have been in place since 2015 due to terrorist threats or the arrival of people seeking international protection and have sometimes extended to all borders.

Austria – until November 2022 11th, since 2015, at land borders with Hungary and with Slovenia due to risks related to terrorism and organised crime and “the situation at the external EU borders”. 

Germany – until November 11th 2022, since November 12th 2021, at the land border with Austria “due to the situation at the external EU borders”.

Sweden – until November 11th 2022, since 2017, can concern all borders due to terrorist and public security threats and “shortcomings” at the EU external borders. 

Denmark – until November 11th 2022, since 2016, can concern all internal borders due to terrorist and organised criminality threats or migration.

France – until October 31st 2022 since 2015, due to terrorist threats and other events, including, since 2020, the Covid-19 pandemic.

Estonia – until May 21st 2022, from April 22nd 2022, at the border with Latvia “to facilitate the entry and reception of people arriving from Ukraine”.

Norway, Austria, Germany and France also said they are operating checks on non-EU citizens. 

Can Schengen rules survive?

Despite the exceptional nature of these measures, there have been continuous disruptions to the free movement of people in the Schengen area in the past 15 years. 

Since 2006, there have been 332 notifications of border controls among Schengen countries, with increasing frequency from 2015. In addition, 17 countries unilaterally restored border controls at the start of the pandemic. 

In December 2021, the Commission proposed to reform the system to ensure that border controls remain an exception rather than becoming the norm. 

According to the proposals, countries should consider alternatives to border controls, such as police cooperation and targeted checks in border regions. 

When controls are restored, governments should take measures to limit their impacts on border areas, especially on the almost 1.7 million people who live in a Schengen state but work in another, and on the internal market, especially guaranteeing the transit of “essential” goods. 

Countries could also conclude bilateral agreements among themselves for the readmission of people crossing frontiers irregularly, the Commission suggested. 

If border controls have been in place for 6 months, any notification on their extension should include a risk assessment, and if restrictions are in place for 18 months, the Commission will have to evaluate their necessity. Temporary border controls should not exceed 2 years “unless for very specific circumstances,” the Commission added. 

At a press conference on April 27th, European Commissioner for Home Affairs Ylva Johansson said the EU Court ruling about Austria is in line with these proposals.

“What the court says is that member states have to comply with the time limit that is in the current legislation. Of course we can propose another time limit in the legislation… and the court also says that it’s necessary for member states, if they would like to prolong [the border controls] to really do the risk assessment on whether it’s really necessary… and that’s exactly what’s in our proposal on the Schengen Border Code.”

Criticism from organisations representing migrants

It is now for the European Parliament and EU Council to discuss and adopt the new rules.

A group of migration organisations, including Caritas Europe, the Danish Refugee Council, Oxfam International and the Platform for International Cooperation on Undocumented Migrants (PICUM) have raised concerns and called on the EU institutions to modify the Commission proposals.

In particular, they said, the “discretionary nature” of controls in border regions risk to “disproportionately target racialised communities” and “practically legitimise ethnic and racial profiling and expose people to institutional and police abuse.”

Research from the EU Fundamental Rights Agency in 2021, the groups noted, shows that people from an ‘ethnic minority, Muslim, or not heterosexual’ are disproportionately affected by police stops.

The organisations also criticize the definition of people crossing borders irregularly as a threat and a new procedure to “transfer people apprehended… in the vicinity of the border area” to the authorities of the country where it is assumed they came from without any individual assessment. 

The article is published in cooperation with Europe Street News, a news outlet about citizens’ rights in the EU and the UK.

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TRAVEL NEWS

Which flights will be affected by Spain’s airport strikes over Easter?

If you've got a flight booked to or from Valencia or Madrid-Barajas airport over Easter, industrial action by staff could delay your journey or even lead to it being cancelled.

Which flights will be affected by Spain's airport strikes over Easter?

Airport staff in Valencia and Madrid are going on strike over key Easter dates, meaning that as many as a thousand flights could be delayed or cancelled during one of the busiest travel periods of the year.

Semana Santa celebrations have already been disrupted by rain this year, causing the cancellation of processions across the country, but travel during the busy Easter period is also set to be affected by strike action at two of Spain’s major airports.

At Valencia Manises airport, one of the busiest airports in Spain which welcomed almost 10 million passengers in 2023, flights could be affected over the entire Easter weekend (Thursday March 28th-Monday April 1st inclusive) because workers will walk out between 11am-13am on each day.

At Madrid-Barajas airport, the UGT union has called a strike for Wednesday 27th and Friday 29th March between 7am-12pm.

READ ALSO: Spain’s Valencia set for airport strike over Easter holidays

The walkout at Valencia begins today, March 28th. According to the live departures board provided by Aena, Spain’s national airport operator, which you can follow here, as of 9.30am flights are leaving the airport with minor delays of up to 40 minutes, though this is before the strike officially begins at 11am.

Aena live departures for Madrid-Barajas show that some flights have left with delays of up to 45 minutes this morning, though it is worth noting that staff are not officially on strike there today (walkouts in Madrid are Wednesday 27th and Friday 29th March between 7am-12pm) which could suggest a knock-on effect from yesterday’s strike action.

The industrial action comes during not only during Easter celebrations but operación salida, an intensely busy travel period during which millions of Spaniards travel home or go on holiday for Semana Santa.

READ ALSO: Strike action at Spanish airports set to disrupt Easter travel

Staff at Madrid-Barajas are striking for better pay and a new collective bargaining agreement, arguing their salaries have declined in real terms due to inflation, and employees at Valencia Manises are protesting against long working hours and a lack of staff, plus a dispute with regards to overtime pay.

Spanish media reports suggest that up to 1000 flights could be cancelled as a result of the walkouts. On Wednesday 27th, there was also ‘chaos’ at Palma de Mallorca airport, according to Spanish media, with long queues at security controls meaning it took many passengers an hour to get to their departure gate.

Which flights will be affected by Spain’s airport strikes over Easter?

Knowing exactly which flights could be affected, however, isn’t entirely clear. There seems to be certain airlines and routes more likely to be affected than others.

Madrid-Barajas

It is still unclear exactly which flights could be affected at Madrid-Barajas, so it is advisable to check with your airline. You can check the airport schedule on the Aena website here.

On Wednesday 27th March, the day the strike began in Madrid, both short and long-haul flights were delayed or cancelled.

Departure records from Flight Stats show that long-haul flights to the United States were cancelled throughout the day, and short-haul flights around Europe and to other Spanish cities were running with delays of up to 2 hours. Many also arrived on schedule, however.

Valencia Manises

As the strike action begins in Valencia on Thursday morning, reports suggest that several dozen flights could be cancelled, delayed or rescheduled. If you are uncertain about your flight, check with your airline.

On Thursday 28th, flights that could be affected by the stoppage include:

  • Ryanair flights connecting Valencia with Rome, Milan Bologna, Breslavia and Sofia 
  • United and Lufthansa flights connecting Valencia with Frankfurt and Munich
  • Easyjet and British Airways flights between Valencia and London
  • Turkish Airlines flights between Valencia and Istanbul
  • Air Europa flights between Valencia and Palma de Mallorca
  • Swiss flights connecting Valencia to Zurich
  • Volotea flights between Valencia and A Coruña
  • Eurowings’ Valencia-Stuttgart flights

On Friday 29th, flights that could be cancelled are:

  • Ryanair to Milan, Treviso, Trieste, Dublin, Marrakech and Palma de Mallorca
  • SAP and Tap Portugal flights between Valencia and Lisbon
  • United to Frankfurt
  • Lufthansa to Frankfurt, Munich
  • Austrian to Vienna
  • Air Nostrum to Ibiza
  • Delta to París Charles de Gaulle
  • Air France to París Charles de Gaulle
  • Air Europa to Palma de Mallorca
  • Easyjet to London
  • British Airways to London
  • Brussels Airlines to Brussels
  • Iberia to Tenerife North
  • Tap Portugal to Lisbon
  • Turkish Airlines to Istanbul
  • Swiss to Zúrich
  • Volotea to A Coruña, San Sebastián
  • Vueling to Tenerife North
  • Eurowings to Stuttgart

There is no further information yet about which flights could be affected on Saturday 30th, Sunday 31st and Monday April 1st.

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