In a significant move that challenges European Union norms, Germany has announced plans to implement border closures on all nine of its frontiers with neighboring countries. This decision comes in response to recent electoral gains by the far-right Alternative for Germany (AfD) party and two Islamist terrorist attacks that resulted in fatalities and injuries.
Starting September 16, 2024, Germany will impose six-month border controls, screening incoming foreign nationals and potentially rejecting applicants. This unprecedented step affects eight EU member states and contradicts the Schengen Agreement, which guarantees freedom of movement within the bloc.
Nancy Faeser, Germany's interior minister, stated:
"Until we achieve strong protection of the EU's external borders with the new common European asylum system, we must strengthen controls at our national borders"
However, experts have raised concerns about the legality and potential consequences of this decision. Alberto Alemanno, a European law professor at HEC Paris, argues that the controls represent a disproportionate breach of the principle of free movement within the Schengen area.
The new measures aim to stop non-EU citizens who have already applied for asylum elsewhere in the bloc from entering Germany. This approach could lead to detentions at the border and returns to the country of initial entry, typically EU southern border nations like Bulgaria, Greece, Italy, or Spain.
Critics warn that these measures may result in racial profiling, which is illegal under EU law. Sergio Carrera, a research fellow at the Centre for European Policy Studies, expressed concern about the potential for a "race to the bottom" across Europe, as other countries might follow Germany's lead.
The opposition Christian Democratic Union (CDU) has proposed even stricter measures, effectively calling for an end to Germany's commitment to offering asylum. This proposal would violate international law and EU regulations, potentially leading to legal challenges at the European Court of Justice.
Neighboring countries have already voiced their concerns. Austria has refused to accept returned migrants, while Poland has raised issues about potential traffic jams at the borders. Donald Tusk, Poland's Prime Minister, described the German move as a "de facto suspension of the Schengen Agreement on a large scale."
It's worth noting that the European Union has been working on addressing migration concerns through the Pact on Migration and Asylum, which aims to establish a common asylum system at the bloc-wide level. Thu Nguyen, deputy director of the Jacques Delors Centre, emphasized that unilateral decisions by Germany are counterproductive to these efforts.
As the situation unfolds, the European Union faces a critical test of its core principles of free movement and asylum rights. The coming months will likely see intense debates and potential legal challenges as member states grapple with balancing national security concerns and EU-wide commitments.