In the dispute over temporary border controls at internal borders, the EU Commission has threatened legal action. According to a report published today on the border-free Schengen area, the Brussels authorities have initiated a “formal consultation process” with all affected EU countries, including Austria.
If this “does not lead to a clear commitment to changes”, one is prepared to take legal action.
In the Schengen area, to which 27 European countries belong, there are actually no stationary identity checks at the borders. In the course of the 2015 refugee movement, several countries – including Austria – had introduced temporary controls that have to be extended every six months.
Due to the ongoing “migration pressure”, Austria insists on maintaining controls at the Slovenian border. The neighboring country has already threatened Austria with retaliatory measures.
“Gradual abolition” of the controls demanded
“The reintroduction of border controls must remain an exception, strictly limited in time and a last resort,” said the EU Commission. She calls for the “gradual abolition” of the controls and their replacement by “alternative measures of police cooperation”. The notification does not state which “legal means” are available to the EU authority.
However, the European Court of Justice (ECJ) has already ruled on border controls. In April, the latter ruled that an EU country in the Schengen area could introduce border controls for a maximum of six months in the event of a serious threat to its public order or internal security.
After that, proof of a new serious threat is needed. Austria does not seem to have proven this since 2017, according to the judgment.
