Germany: Greens Demand End to Schengen Violations

Members of the Green Party in the European, federal, and state parliaments have written a letter to the European Commission. In the letter, they are urging for an end to fixed border controls on Germany’s internal borders. They claim that not only Germany but seven other European countries are in violation of Schengen rules. The politicians are therefore calling on the EU to review the internal border controls.

The letter, addressed to Commission President Ursula von der Leyen, argues that border controls intended to reduce illegal immigration and combat smuggling violate the core principles of the Schengen area. It specifically criticizes the controls at the Austrian border, which have been in place for eight years, repeatedly exceeding the maximum allowed deadlines.

The German government has tightened border controls with the Czech Republic, Poland, and Switzerland since October 2023. This action was taken in accordance with the Schengen Borders Act of 2016, which Germany has adopted. It allows for tightening border measures as a last resort for two years. More importantly, the European Court of Justice (ECJ) has ruled that tightening border measures can only be implemented for a maximum of two years. This ruling was made in 2022.

However, several European countries have violated Schengen rules by implementing internal controls for an extended period of time. European countries have approved amendments to the border law, which now allows them to extend the maximum duration of border controls to three years. This extension gives them greater control over the reoccurrence of unauthorized secondary migration between EU member states.

Federal Minister of the Interior Nancy Wieser asserts that the border controls have effectively reduced migration and has decided to extend them until December 2024. According to official statistics, 930 smugglers were arrested, and 37,800 illegal immigrants were prevented from entering at the borders with the Czech Republic, Poland, and Switzerland.

The Green Party questions the success reports of border controls. According to Green Party politicians, these reports have not been statistically proven. In May, the party released a parallel report prepared by a group of experts commissioned by the party. According to this report, the official statistics did not account for multiple counts, illegal rejections, or evasive movements.

The Greens’ letter to the European Commission calls for ensuring legal compliance with the Schengen rules. They also emphasize the need for a thorough evaluation of the controls that have placed burdens on businesses and individuals in the border areas. It is worth noting that the German Police Federation has voiced doubts about the effectiveness of these controls.

Left-wing deputies in the Bundestag are supporting the Green Party’s request. According to Clara Bünger, the spokesperson for the refugee policy group, it is crucial for the Green Party to secure an end to permanent border controls. Bünger emphasizes that anything less would be entirely unbelievable.

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