The European Commission proposed changes on Tuesday that could affect the unfettered movement of people within the bloc, giving member states the power introduce border checks whenever they wanted and extend them almost indefinitely.
They would then be able to suspend some protections for asylum seekers if neighboring countries orchestrate migratory flows to the bloc’s borders, as Belarus has done in recent month
The proposed reforms, ostensibly in response to the COVID-19 pandemic, must still be approved by the member states and the European Parliament, which could take months.
The refugee crisis of 2015, the spate of terrorists attacks on European soil and the global COVID-19 pandemic have all put the Schengen area under strain. We have a responsibility to shore up Schengen’s governance and make sure Member States are equipped to ensure a rapid, coordinated and European response to situations of crisis, including where migrants are instrumentalised. With today’s proposals, we will fortify this ‘crown jewel’ so emblematic of our European way of life.
The Commission said the changes would help member countries better respond to troubles stemming from migration and the pandemic. But critics will argue that the proposals would scale back one of the E.U.’s main achievements, the freedom of movement of people and goods, and would introduce significant cuts to humanitarian protections.
The proposal seeks to promote the use of alternative measures to internal border controls and ensure that – where they are necessary – internal border controls remain a measure of last resort. The measures include:
- More structured procedure for any reintroduction of internal border controls, with more safeguards: As of today, any Member State deciding to reintroduce controls must assess the appropriateness of the reintroduction and its likely impact on free movement of persons. Under the new rules, they must in addition assess the impact on the border regions. Furthermore, a Member State considering prolonging controls in response to foreseeable threats should first assess whether alternative measures such as targeted police checks and enhanced police cooperation could be more appropriate. A risk assessment should be provided for prolongations exceeding 6 months. Where internal controls have been in place for 18 months, the Commission will have to issue an opinion on their proportionality and necessity. In all cases, temporary border controls should not exceed a total period of 2 years unless for very specific circumstances. This will help ensure that internal border controls remain a measure of last resort and only last as long as stricly necessary.
- Promoting the use of alternative measures: In line with the new EU Police Cooperation code, proposed by the Commission on 8 December 2021, the new Schengen rules promote the use of effective alternatives to internal border controls in the form of increased and more operational police checks in border regions, by clarifying that these are not equivalent to border controls.
- Limiting the impact of internal border checks on border regions: Learning the lessons of the pandemic, which impacted supply chains, Member States reintroducing controls should take measures to limit negative impacts on border regions and the internal market. This can include facilitating crossings for cross-border workers and establishing green lanes to guarantee the smooth transit of essential goods.
- Addressing unauthorised movements within the Schengen area: In order to address the phenomenon of relatively small but constant numbers of unauthorised movements, the new rules will create a new procedure to address unauthorised movements during joint police operations as well as allowing Member States to revise existing or conclude new bilateral readmission agreements between themselves. This complements and should be seen in conjunction with the measures proposed under the New Pact on Migration and Asylum, in particular the binding solidarity framework.
In addition, the Commission is proposing additional measures under the EU asylum and return rules to clarify how Member States can respond in such situations, in full respect of fundamental rights. This includes the possibility to extend registration deadline for asylum applications up to 4 weeks and to examine all asylum applications at the border, except for medical cases. Effective access to the asylum procedure should continue to be guaranteed, and Member States should ensure access for humanitarian organisations providing assistance.
Member States will also have the possibility to put in place an emergency return management procedure. Lastly, where requested, EU agencies (EU Agency for Asylum, Frontex, Europol) should provide operational support to the Member State concerned as a matter of priority.
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