Germany’s recent decision to tighten border controls across all its land borders has sparked significant political, legal, and diplomatic concerns, with analysts suggesting the move is politically driven rather than based on concrete security threats. This decision not only challenges the core principles of Europe’s Schengen zone but also threatens to test the unity of the European Union.
On Monday, Berlin announced it would extend border controls, initially imposed at the Austrian border in 2015 and later with Poland, the Czech Republic, and Switzerland, to include France, Luxembourg, Belgium, the Netherlands, and Denmark. The official rationale, according to Interior Minister Nancy Faeser, is to curb migration and protect Germany against threats of Islamist terrorism and serious crime.
Faeser’s announcement follows a series of high-profile violent incidents, including a recent knife attack in Solingen involving asylum seekers, just days before crucial regional elections in eastern Germany. These incidents have intensified debates around migration and national security, aligning with the anti-immigration rhetoric of the far-right Alternative for Germany (AfD) party, which achieved significant electoral success in recent state elections. Polls suggest that migration is a top concern for voters in Brandenburg, which is set to hold elections soon, and the far-right AfD is projected to continue its rise.
Experts argue that the timing and nature of these border controls are politically motivated. Marcus Engler, of the German Centre for Integration and Migration Research, commented, “The intention of the government seems to be to symbolically show Germans and potential migrants that the latter are no longer wanted here.” This perception is further compounded by Berlin’s reluctance to provide detailed explanations for the controls, as Faeser vaguely referenced the new scheme’s ability to “turn back” individuals at the border without outlining the specifics.
The political dimensions of the move have alarmed officials in Brussels, with some dismissing the decision as “transparent” and pandering to domestic concerns. Germany’s central role in the EU and its economic power mean the ripple effects of these border controls could extend beyond its borders, impacting the broader European project.
Schengen and the Strain on Free Movement
Germany’s decision poses a direct challenge to the Schengen Agreement, a cornerstone of the European Union that guarantees passport-free movement across 25 EU states, along with non-EU members like Switzerland and Norway. Since its creation in 1985, Schengen has symbolized European unity, allowing millions of people to move freely across the continent without border checks.
Under EU law, countries can impose temporary border controls in exceptional circumstances, such as terrorist attacks, pandemics, or to address immediate security threats. However, these controls must be proportional, temporary, and exceptional. The reimposition of such checks without clear, immediate threats, as some governments have done in response to migration or domestic political pressures, undermines the spirit of Schengen. Critics argue that national governments are using these checks as a political tool rather than out of genuine security concerns.
Germany is not alone in this approach. Several other Schengen members have also imposed border checks. Austria cites security concerns linked to the Ukraine war and asylum pressures, conducting checks on arrivals from Slovakia, the Czech Republic, Slovenia, and Hungary. Similarly, Denmark monitors its borders with Germany, citing terror threats related to the war in Gaza and Russian espionage activities. France has also reintroduced checks, citing heightened terrorist threats.
Italy, Norway, Sweden, Slovenia, and Finland are conducting border controls, each citing various threats, including terrorist activity, migration flows, and organized crime in the Balkans. These controls raise questions about whether such measures are truly addressing these threats or if they serve political interests.
Legal and Economic Ramifications
From a legal standpoint, Germany’s decision faces significant hurdles. The European Commission, which was notified of the move on Monday, has generally accepted border control reintroductions when justified. However, in this case, experts argue there is little clear justification beyond the domestic political landscape. Alberto Alemanno, a professor of European law at HEC Paris, criticized the move as a “manifestly disproportionate breach of the principle of free movement within the Schengen area.” He emphasized that it would not stand under EU law, adding, “Yet will this dissuade Scholz from going ahead?”
Christopher Wratil, a scholar at the University of Vienna, also condemned the decision, likening it to a government “acting as if the AfD were already in power.” He accused Berlin of undermining the EU’s legal framework, noting, “Wanting to wipe out Schengen with a mere stroke of the pen – and entirely without thinking.”
Besides the legal ramifications, the economic consequences of such border controls could be severe. A 2016 report by the Bertelsmann Foundation estimated that reinstating internal border checks could cost Europe around €470 billion in lost economic growth over ten years. The Schengen zone is vital to the free flow of goods and labor, and any disruption could significantly hinder the economic recovery of EU countries still reeling from the pandemic and other global crises.
Implications for European Unity
The broader implications of Germany’s decision are also concerning. The Schengen zone, a symbol of European integration, is increasingly being tested by individual member states reasserting national borders. Gerald Knaus, chair of the European Stability Initiative think tank, noted that any meaningful internal border controls would signal the “end of Schengen.” He added that such controls would require extensive cooperation from neighboring countries, something that is far from guaranteed.
Germany’s decision could strain relationships within the EU, as countries bordering Germany – many of which also face political pressure over immigration – may not be willing to follow suit. Brussels is likely to be placed in a difficult position, needing to balance member states’ domestic political concerns with the broader goal of European integration.
As Germany moves forward with the reintroduction of border controls, the issue remains a delicate test of Europe’s ability to maintain unity amid growing nationalist and populist pressures across the continent.
