EU countries can only reintroduce border control if 'internal security threatened': court ruling

EU member states can reintroduce border control if there is a serious threat to public order or security, but it cannot go beyond six months in total unless new circumstances arise, the EU Court of Justice ruled on Tuesday.

EU member states are allowed to reintroduce border control at their borders with other EU countries under the Schengen rules “where there is a serious threat to its public policy or internal security,” but the measures should not exceed “a maximum total duration of six months,” the Luxemburg-based court said in its ruling.

The extension of border checks after six months can only be justified if the country “is faced with a new serious threat affecting its public policy or internal security,” the Court highlighted.

The Court also said Austria while maintaining its border controls after Nov. 10, 2017 over the 2015 migration crisis “did not demonstrate the existence of a new threat.”

The ruling comes after a man referred to as “NW” in the case, introduced a lawsuit against Austria for being fined twice in 2019 because he refused to present his passport when entering Austria from Slovenia.

The Regional Administrative Court of Styria asked the EU Court’s interpretation if Austria had the right the reintroduce border control on its own initiative even after the recommendation of the Council of the European Union that allowed checks over the migration crisis expired on Nov. 10, 2017.

In response to the NW’s case, the EU Court said “a person cannot be obliged, on pain of a penalty, to present a passport or identity card” when the reintroduction of border control is against EU law.

Based on the EU Court’s preliminary ruling which only provides an interpretation of EU law, the Austrian court will take the final decision on NW’s lawsuit.

Austria started checks at its borders with Slovenia and Hungary in September 2015 due to exceptional circumstances of the migration crisis.

The Schengen Agreement abolishing borders between EU member states entered into force on March 26, 1995.

Currently, 22 EU states take part in the Schengen cooperation, as well as the non-EU members Norway, Switzerland, Lichtenstein, and Iceland.