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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 man's passport and identification papers at a border post on the French-Spanish border(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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For members

TOURISM

Why Italian resorts are struggling to fill jobs this summer

Italy's tourist season is expected to be back in full swing this year - but will there be enough workers to meet the demand?

Why Italian resorts are struggling to fill jobs this summer

Italy’s tourist numbers are booming, sparking hopes that the industry could see a return to something not far off pre-pandemic levels by the summer.

There’s just one catch: there aren’t nearly enough workers signing up for seasonal jobs this year to supply all that demand.

READ ALSO: Will tourism in Italy return to pre-pandemic levels this year?

“There’s a 20 percent staff shortage, the situation is dramatic,” Fulvio Griffa, president of the Italian tourist operators federation Fiepet Confesercenti, told the Repubblica news daily.

Estimates for how many workers Italy is missing this season range from 70,000 (the figure given by the small and medium enterprise federation Conflavoro PMI) to 300-350,000 (the most recent estimate from Tourism Minister Massimo Garavaglia, who last month quoted 250,000).

Whatever the exact number is, everyone agrees: it’s a big problem.

READ ALSO: Dining outdoors and hiking: How visitors plan to holiday in Italy this summer

Italy isn’t the only European country facing this issue. France is also short an estimated 300,000 seasonal workers this year. Spain is down 50,000 waiters, and Austria is missing 15,000 hired hands across its food and tourism sectors.

Italy’s economy, however, is particularly dependent on tourism. If the job vacancies can’t be filled and resorts are unable to meet the demand anticipated this summer, the country stands to lose an estimated  €6.5 billion.

Italy's tourism businesses are missing an estimated 20 percent of workers.
Italy’s tourism businesses are missing an estimated 20 percent of workers. Photo: Alberto Pizzoli/AFP

“After two years of pandemic, it would be a sensational joke to miss out on a summer season that is expected to recover strongly due to the absence of workers,” said Vittorio Messina, president of the Assoturismo Confesercenti tourist association.

Different political factions disagree as to exactly what (and who) is to blame for the lack of interest from applicants.

READ ALSO: Travel in Italy and Covid rules this summer: what to expect

Italy’s tourism minister Massimo Garavaglia, a member of the right wing League party, has singled out the reddito di cittadinanza, or ‘citizen’s income’ social security benefit introduced by the populist Five Star Movement in 2019 for making unemployment preferable to insecure, underpaid seasonal work.

Bernabò Bocca, the president of the hoteliers association Federalberghi, agrees with him – along with large numbers of small business owners.

“What’s going to make an unemployed person come to me for 1,300 euros a month if he can stay sprawled on the beach and live off the damned citizenship income?” complained an anonymous restauranteur interviewed by the Corriere della Sera news daily.

“Before Covid, I had a stack of resumes this high on my desk in April. Now I’m forced to check emails every ten minutes hoping someone will come forward. Nothing like this had ever happened to me.” 

READ ALSO: MAP: The best Italian villages to visit this year

Italy is experiencing a dire shortage of workers this tourist season.
Italy is experiencing a dire shortage of workers this tourist season. Photo: Andrea Pattaro / AFP.

Five Star MPs, however, argue that the focus on the unemployment benefit is a distraction from the real issues of job insecurity and irregular contracts.

There appears to be some merit to that theory. A recent survey of 1,650 seasonal workers found that only 3 percent of the people who didn’t work in the 2021 tourist season opted out due to the reddito di cittadinza.

In fact the majority (75 percent) of respondents who ended up not working over the 2021 season said they had searched for jobs but couldn’t find any openings because the Covid situation had made it too uncertain for companies to hire in advance.

READ ALSO: MAP: Which regions of Italy have the most Blue Flag beaches?

Others said the most of jobs that were advertised were only for a 2-3 month duration, half the length of the season (again, due to Covid uncertainty), making it not worth their while to relocate.

Giancarlo Banchieri, a hotelier who is also president of the Confesercenti business federation, agrees that Covid has been the main factor in pushing workers away from the industry, highlighting “the sense of precariousness that this job has taken on in the last two years: many people have abandoned it for fear of the uncertainty of a sector that has experienced a terrible time.”

The instability brought about by two years of Covid restrictions has pushed many workers away from the tourism sector.
The instability brought about by two years of Covid restrictions has pushed many workers away from the tourism sector. Photo: Andrea Pattaro / AFP.

“I said goodbye to at least seven employees, and none of them are sitting at home on the citizen’s income,” Banchieri told Repubblica. “They have all reinvented themselves elsewhere; some are plumbers, others work in the municipality.”

READ ALSO: OPINION: Mass tourism is back in Italy – but the way we travel is changing

To counteract the problem, Garavaglia has proposed three measures: increasing the numbers of visas available for seasonal workers coming from abroad; allowing people to work in summer jobs while continuing to receive 50 percent of their citizen’s income; and reintroducing a voucher system that allows casual workers to receive the same kinds of welfare and social security benefits as those on more formal contracts.

Whether these will be enough to save Italy’s 2022 tourist season remains to be seen, but at this stage industry operators will take whatever fixes are offered.

“The sector is in such a dire situation that any common sense proposals much be welcomed,” the Federalberghi president Bocca told journalists.

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