Tighter border controls: what impact will this have on cross-border communities? What obligations do States have?

However, the new Schengen Code, which entered into force on 20 June 2024, recognises that the lack of coordination of national measures at internal borders has an impact on the economic and social ties that exist in cross-border regions. For this reason, in the event of the planned reintroduction of internal border controls, Member States are now required to examine and assess the likely impact on the functioning of ‘cross-border regions’. Under the new Article 26(3), ‘In the event of the reintroduction or extension of internal border controls, the Member States concerned shall ensure that such controls are accompanied by appropriate measures to mitigate their impact on persons and the transport of goods, paying particular attention to the close social and economic ties that bind cross-border regions, and to persons carrying out essential journeys. ”
However, today, following the reintroduction of border controls at German borders, many cross-border commuters and residents of Franco-German cross-border communities may find their daily lives disrupted when travelling between their homes, workplaces, educational institutions and various activities.
The Mayor of Strasbourg and the Mayor of Kehl have already called, in a joint statement, “on the German Federal Government and the Government of the State of Baden-Württemberg to ensure that these controls are limited so that they do not hinder or restrict the mobility, coexistence and cross-border life of our residents.”

^{Photo : Shutterstock / Hadrian}