20-09-2024
Innocenti Chiara
Human Rights and Europe Researcher,
Global Human Rights Defence.
On September 9th, the German government announced plans to reintroduce tighter control at all land borders, a measure intended, according to the Interior Minister Nancy Faeser of the Social Democratic Party (SPD), “to tackle irregular migration and protect the public from threats such as Islamist extremism.”.
Effective from September 16th for a six-month period, the new controls will extend police checks, already in place at Germany’s southern and eastern borders with Austria, Switzerland, Poland, and Czech Republic, to the northern and western borders with France, Luxembourg, Belgium, The Netherlands, and Denmark.
This controversial decision was prompted by the August 24th stabbing attack in Solingen, Western Germany, in which a 26-year-old Syrian national, allegedly linked to the Islamic State, killed three people and wounded seven during the city’s three-day Festival of Diversity. The incident reignited debate over Germany’s migration policies, bolstering support for the far-right, anti-immigration Alternative for Germany (AfD) party, which has recently gained significant ground in eastern Germany, winning elections in Thuringia and coming second in Saxony.
The decision has also drawn immediate criticism from human rights defenders, particularly pro-asylum activists and migration experts. They argue that the measure, being more symbolic than substantive, is unlikely to achieve its intended purpose and could instead lead to increased racial profiling, with selective checks disproportionately targeting people of colour.
Presented as a Notification to the European Commission, the measure complies with the Schengen Borders Code (SBC), specifically its provisions for the Temporary Reintroduction of Border Control which allows Member States to temporary reintroduce internal border controls within the EU’s Schengen Area — typically an area of free movement — if public order or internal security are perceived to be at risk.
However, the implications of Germany’s decision are far-reaching, even at the European Union level. Neighbouring countries, already affected by systemic checks, deplored the announcement as unacceptable. First, the increased policing at the border is expected to significantly slow traffic, disrupting trade and harming carriers, thereby undermining the internal market. Second, the fate of those seeking international protection remains uncertain, as enhanced controls may lead to arbitrary pushbacks, effectively denying migrants the right to seek asylum and breaching the principle of non-refoulement, a cornerstone of the 1951 Geneva Convention. Third, this measure risks setting an alarming precedent for European Union countries, which could become more reluctant to readmit migrants, further destabilising the already fragile migrant reception system across the region.
In an interview, EU Parliament President Roberta Metsola described migration as one the most compelling issues facing the European Union today. She emphasised the sanctity of free movement and reiterated that the temporary reintroduction of controls at the internal borders should only occur under exceptional circumstances. According to her, a lasting solution that balances the EU’s role as human rights beacon with the realpolitik of Fortress Europe can only be achieved through principles of solidarity and shared responsibility, fostering greater cooperation among states and ensuring a more balanced and holistic approach to migration.
Sources and Further Readings:
(2024, September 1). Solingen memorial: German president urges migration control. DW: News and current affairs from Germany. Retrieved on September 16, 2024, from https://www.dw.com/en/solingen-memorial-german-president-urges-migration-control/a-70104429.
(2024, August 24). Knife attack at Germany’s ‘Festival of Diversity’ kills three, wounds others. France 24. Retrieved on September 18, 2024, from: https://www.france24.com/en/europe/20240824-knife-attack-at-germany-s-festival-of-diversity-kills-3-wounds-others.
Alkousaa, R. (2024, September 16). Germany brings back border checks to curb migration, experts question impact. The Reuters. Retrieved on September 17, 2024, from https://www.reuters.com/world/europe/germanys-tighter-border-controls-take-effect-irking-neighbours-2024-09-16/.
Joyner, E. (2024, September 10). Germany risks EU ‘chain reaction’ with new border checks. DW: News and current affairs from Germany. Retrieved on September 19, 2024, from https://www.dw.com/en/germany-risks-eu-chain-reaction-with-new-border-checks/a-70183262.
Gostkiewicz, M. (2024, September 13). EP president says balance key to EU migration policy. DW: News and current affairs from Germany. Retrieved on September 19, 2024, from https://www.dw.com/en/eu-parliament-president-extending-border-controls-only-possible-with-balanced-comprehensive-approach-to-migration/a-70201112.
Riegert, B. (2024, September 16). Germany begins expanded border controls to control migration. DW: News and current affairs from Germany. Retrieved on September 17, 2024, from https://www.dw.com/en/germany-begins-expanded-border-controls-to-control-migration/a-70218944.
Ratz, A., Marsh S. (2024, September 10). Germany tightens controls at all borders in immigration crackdown. The Reuters. Retrieved on September 17, 2024, from https://www.reuters.com/world/europe/germany-put-temporary-controls-all-land-borders-source-says-2024-09-09/.
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