The European Commission has published today its Opinion
on the temporary reintroduction of controls at internal borders by
Germany and Austria. The Commission has concluded that the initial
reintroduction of controls at internal borders by Germany and Austria,
as well as the subsequent prolongations, are in compliance with the
Schengen Borders Code.
The Opinion assesses the necessity and
proportionality of the measures introduced by Germany on 13 September
and Austria on 16 September. The two Member States resorted to this
extraordinary measure, foreseen in the Schengen Borders Code, to cope
with a large influx of persons seeking international protection.
In particular, the Commission recognises that the German and Austrian decisions were "motivated
by the serious threat to the internal security and public policy caused
by the extraordinary influx of persons seeking international
protection, crossing the borders[…] in a spontaneous manner, often
without necessary documents and/or without adequate recording in Eurodac
upon their first arrival in the EU" and that the reintroduction of border controls was intended "to maintain the control over the extraordinary number of arriving persons by means allowed under national and EU law”.
The
Commission is of the opinion that...
the sudden increase in the number of
persons seeking international protection at the borders of these
countries did lead to a threat of public policy and internal security,
which justified the application of the extraordinary measures available
under the Schengen Borders Code. Therefore, according to the Commission,
the decisions taken by the German and Austrian authorities were
necessary and the measures were proportionate. The Opinion also makes
clear that it does not prejudge the assessment of any future
prolongations.
In the same Opinion, the Commission expresses its
appreciation of the decision of the Slovenian authorities to discontinue
as of 16 October the temporary border controls it had introduced at its
internal border with Hungary on 17 September.
The Hungarian
decision on the temporary reintroduction of border control at its
internal border with Slovenia, notified to the Commission on 17 October,
will be assessed in a separate Opinion.
