EU Commission Faces Criticism Over Schengen Zone Internal Border Control Checks

• The European Commission faces criticism for its handling of internal border control checks within the Schengen zone.
• Spain and Italy have imposed reciprocal internal border control checks, prompting concerns about the future of Schengen.
• The commission's approach to enforcing regulations under the Schengen Borders Code has been deemed counterproductive by many experts.
• Only about half of EU member states have implemented the required measures under the pact on migration and asylum by its deadline of 12 June.

The risk to Schengen's future appears more fragile than ever, with many experts warning that the commission's approach is counterproductive and may ultimately undermine the very principles it seeks to uphold.

The European Commission has faced criticism for its handling of internal border control checks within the Schengen zone. Despite its emphasis on safeguarding external borders and revamping EU migration laws, the commission's approach to holding member states accountable for internal border closures has been deemed counterproductive. Spain and Italy have recently imposed reciprocal internal border control checks, prompting concerns about the future of Schengen. The commission's spokesperson attributed the move to the need for secure and safe external borders, highlighting the importance of strong external borders in preserving Schengen. However, this stance appears to be at odds with the commission's previous emphasis on migration management and its efforts to prevent people from reaching Europe through large payments to human-rights busting regimes.

The Schengen Borders Code outlines strict guidelines for internal controls, allowing them only as a last resort in cases of serious threats to public safety or internal security. However, the latest threat to Schengen appears to be politically manufactured, raising concerns about the commission's approach to enforcing these regulations. The code is clear that internal controls should not be used as a means of addressing domestic politics or impunity. Instead, it emphasizes the need for strong external borders and fair migration management. Despite this, many member states have failed to implement the required measures under the EU's pact on migration and asylum, with only about half adopting the necessary steps by the deadline of 12 June.

The potential precedent set by Spain and Italy's imposition of internal border control checks is a fragile tone for Schengen's future. Member states may be exposed to compliance risks, and the commission's credibility on safeguarding the internal border-free zone is at stake. The figures on asylum applications, which have fallen across the EU by more than a quarter last year and are down by over a third in Germany this year, suggest that Europe has regained control of migration. However, the risk to Schengen's future appears more fragile than ever, with many experts warning that the commission's approach is counterproductive and may ultimately undermine the very principles it seeks to uphold.

Lawyers should watch for the potential precedent of Spain and Italy imposing internal border control checks, which may set a fragile tone for Schengen's future and expose member states to compliance risks.

Source: Original reporting via [Source]