Internal border controls within the Schengen Area: the European Commission calls for a phased lifting – Analysis focusing on France
Whilst the Commission recognises the legitimacy of the concerns regarding internal security and migration issues raised by the Member States concerned, it points out that internal border controls must remain exceptional, temporary and proportionate. It also emphasises the need to minimise their impact on cross-border movement, the functioning of the internal market and cross-border regions.
Throughout its opinions, the Commission highlights the progress made thanks to cooperation between neighbouring Member States, the exchange of information and alternative arrangements to border controls. It now recommends that the Member States concerned embark on a gradual process of lifting internal border controls, in particular by implementing the alternative measures provided for.
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What lessons can be learnt for cross-border regions? An analysis of the Commission’s opinion on France
The Commission’s analysis concerning France pays particular attention to measures designed to limit the impact of checks on cross-border mobility. The French authorities state that the checks currently in place are not systematic, are based on risk analysis and are tailored to local traffic conditions. The stated aim is to reconcile security requirements with the smooth flow of daily travel for residents of border areas.
The Commission considers that this approach has helped to minimise the negative impact on free movement. It notes, in particular, that targeted checks, operational adjustments in line with traffic levels, and cooperation with infrastructure managers and neighbouring states have helped to limit disruption. She also points out that, for several years now, measures have been taken to ensure the continuity of cross-border trade, such as the reopening of all border crossings on the French-Spanish border.
Another noteworthy point for border regions is that the Commission reports having received very few complaints regarding traffic disruption directly linked to the reintroduction of French border controls, which tends to confirm the effectiveness of the mitigation measures put in place.
Looking ahead, the Commission considers that the new European tools – in particular the Pact on Migration and Asylum and the EES and ETIAS systems – should make it possible to address security and migration management challenges more effectively without resorting to internal border controls on a long-term basis.
It therefore calls on France to further strengthen cooperation with neighbouring states, particularly in the areas of information exchange, readmission and operational coordination. The Commission also encourages the development of alternative solutions, such as targeted police checks, mobile checks based on risk analysis, and the use of technological tools.
Finally, the Commission emphasises the need to pay particular attention to cross-border regions. It recommends that any changes to the arrangements should take into account the needs of cross-border workers, residents of cross-border catchment areas and other regular users of the border. It advocates a gradual and differentiated lifting of internal border controls, tailored to the specific circumstances of each border and based on greater use of the alternative measures provided for under European law.
