germany strengthens border control, is the european "community" heading towards division?
2024-09-24
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lü yunmou, director of the european security project at the china institutes of contemporary international relations
recently, in addition to the existing border control measures with austria, switzerland, the czech republic and poland, germany has begun to implement border control measures like france, luxembourg, the netherlands, belgium and denmark, which means that germany has resumed control at all its border crossings. the new measures will initially last for six months.
as an original signatory of the "agreement on the phased abolition of common border checks" (also known as the "schengen agreement") and a country located in the "heartland" of the european continent, germany's move not only means a major change in its own position on immigration issues, but will also have a major impact on the eu's "schengen era."
europe's "schengen era"
the schengen agreement is an agreement aimed at removing border restrictions among member states and achieving free movement of people. in june 1985, it was signed by five european community countries, namely germany, france, the netherlands, belgium and luxembourg, in the small border town of schengen, luxembourg. the agreement stipulates that member states will issue a uniform visa format (i.e., a "schengen visa") to short-term visitors. once an applicant obtains a visa from a certain country, he or she can travel freely in all schengen areas within the validity period and the period of stay.
after the signing of the schengen agreement, the scope of the schengen area has continued to expand, and cooperation between member states has become increasingly close. the schengen area has gradually abolished internal border controls, implemented a common visa policy, and strengthened cooperation in police and judicial affairs. in 1996, two european countries that are not members of the european union, norway and iceland, also signed association agreements with the schengen area and became part of the schengen area. on january 1, 2023, the schengen area ushered in its eighth expansion, and croatia became the 27th member state of the schengen area.
however, the development of the schengen area has not been smooth sailing. according to the schengen agreement, member states can conduct border checks on the grounds of threats to public policy or internal security, but they must notify the european commission. therefore, in recent years, some member states have occasionally restored border measures. during the covid-19 epidemic, almost all central european countries have implemented border control measures to varying degrees for epidemic prevention and control considerations. the ukrainian crisis and the israeli-palestinian conflict have further increased the pressure on european countries in immigration control. at present, france, italy, hungary, slovenia, poland, slovakia, austria and other countries have adopted border control measures to varying degrees.
internal and external factors
germany's full resumption of border control is the result of internal and external factors.
the primary purpose is to combat illegal refugees. data shows that in 2023, germany arrested as many as 127,000 illegal immigrants at the border, and the frequent cases of immigrants injuring people have increased the pressure on germany's public security. on august 23, a syrian man stabbed someone in the western german city of solingen. german chancellor schaultz said that he would strengthen the control of illegal immigrants. when announcing the measures, the german interior minister also publicly stated that the move is aimed at "protecting german citizens from islamic terrorism and serious cross-border crimes." germany is "strengthening internal security through concrete actions" and continues to "take a tough stance on illegal immigrants."
changes in the german political situation have also contributed to the introduction of measures. surveys show that security issues are the most concerned issue for german voters at present. however, the german government led by scholz has been criticized for "not doing enough on immigration control issues". in contrast, the far-right german alternative for germany, which holds anti-immigration and anti-islamic positions, has continued to "conquer cities and gain territory" in recent years and has achieved considerable development. in the regional elections held in thuringia and saxony in germany on september 1, the alternative for germany became one of the most popular parties, while the ruling social democratic party was terrible. at present, local elections in germany are still underway, and general elections will be held in 2025. therefore, the scholz government's strengthening of border control at this time is also a response to voters' concerns and a positive signal that the government is "taking action." french eu law and policy expert alemanno also said that the german government's measures are "more political than strategic considerations."
in dealing with the issue of illegal immigration, the eu's disunity is also an important reason why member states such as germany choose to "go it alone". countries such as italy and greece, which are at the "front line" of illegal immigration, have been complaining that the eu "does not support enough" and other member states "do not share the pressure". although in may 2024, the eu finally approved the bill to reform immigration and asylum policies after fierce negotiations, the bill has not yet come into effect, nor has it fully satisfied the countries that bear the main pressure of immigration.
in recent years, the "rightward turn" in the european political ecology has also formed the general background of this move. many countries, including italy, have ushered in the "most right-wing government in history", and more and more european countries have begun to take a strict stance on borders and immigration. italian prime minister meroni, who was once dubbed "extreme right", recently announced that her government has successfully reduced illegal immigration to italy by 60%. in comparison, germany's immigration policy is still relatively relaxed. therefore, the turn to a tough border policy in germany is not only due to internal factors, but also forced by the situation in the european political environment.
impact and prospects
germany during the merkel era was once the "leader" in europe in terms of opening its borders and accepting immigrants. this policy shift in germany not only marks a "turning point" in its own border and immigration policies, but will also have a greater impact on europe.
first, the development of the schengen area is "in jeopardy". according to statistics, since 2006, schengen countries have issued a total of 441 notifications of control measures, and france has retained the power to permanently control all land borders due to terrorist attacks. at present, in addition to germany, eight schengen member states also conduct border checks, and these measures have been repeatedly extended. post-cold war germany is not only the "economic heart" of europe, but also the "geographical center" of the european continent. its strict control policies have a huge impact on the free flow of the entire europe. french expert alemanno said that given germany's economic and geographical conditions, its measures are not only aimed at neighboring countries, but also at "all eu countries." germany's approach may also have a demonstration effect, prompting more countries to adopt border control measures. greek prime minister mitsotakis bluntly stated that the german government is "unilaterally abolishing schengen." european media even lamented that "the schengen era in europe is coming to an end."
second, it affects the operation of the european market. german media reported that about 240,000 people commute from neighboring countries to germany for work. germany's move may paralyze border traffic and have a negative impact on its own economy. french media euronews also reported that germany's measures will cover the peak travel season in october, christmas and new year, hindering travel and transportation. at the same time, the impact of the new regulations on transportation companies is also obvious. these will hinder the normal operation of the european market.
the third is to challenge the authority of the european union. according to eu regulations, member states can only temporarily restore border controls when public policy and internal security are facing serious threats, and this must be a "last resort" and the measures should be "reasonable and proportionate". however, the authority to define "serious threats to public policy and internal security" remains in the hands of member states. judging from the examples of member states implementing border controls in the past, the european commission will not easily "take a government to court". at present, there is some controversy over whether the new german regulations are in line with eu law. some eu law experts say that the german measures are "neither reasonable nor proportionate". but there is no doubt that germany's "sweeping the snow in front of its own door" behavior has greatly challenged the authority of the european union, and may even make the eu's new immigration and asylum regulations that will not take effect until 2026 become empty talk.
fourth, it undermines the unity within the eu and hinders the eu's joint response to the immigration problem. at present, germany's approach has aroused strong opposition from european countries. polish prime minister tusk said that germany's move is "unacceptable" to poland, and poland has called all affected countries for "urgent negotiations." greece and austria also said that they would not accept immigrants rejected by germany. but some countries also expressed support for this. a hungarian government spokesman joked: "it's interesting that those who once opposed our approach have now joined us."
at present, germany will also face many obstacles in implementing strict border measures. one of them is germany's own lack of management capacity. the german police union said that in order to implement the new regulations, the german police need to add 5,000 police officers to carry out the task, and the infrastructure costs will also increase significantly. the effectiveness of the implementation of the german measures is also questionable. according to german media analysis, the current border inspection measures implemented by germany usually only "catch small fish", and the "big fish" that really pose a threat to germany's internal security are usually organized and experienced, and "will find a way to cross the border."
editor: tang hua, jiang xinyu, zhang yanling
