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EXPLAINED: Which Schengen area countries have border controls in place and why?

Borders within Europe's Schengen area are meant to be open but several countries have checks in place but are they legal and will they be forced to scrap them? Claudia Delpero explains the history and what's at stake.

EXPLAINED: Which Schengen area countries have border controls in place and why?
A French police officer checks a man's passport and identification papers at a border post on the French-Spanish border(Photo by IROZ GAIZKA / AFP)

The European Court of Justice has recently said that checks introduced by Austria at the borders with Hungary and Slovenia during the refugee crisis of 2015 may not be compatible with EU law.

Austria has broken the rules of the Schengen area, where people can travel freely, by extending temporary controls beyond 6 months without a new “serious threat”.

But Austria is not the only European country having restored internal border checks for more than six months.

Which countries have controls in place and what does the EU Court decision mean for them? 

When can EU countries re-introduce border checks?

The Schengen area, taken from the name of the Luxembourgish town where the convention abolishing EU internal border controls was signed, includes 26 states: the EU countries except for Ireland, Bulgaria, Cyprus, Croatia and Romania, plus Iceland, Norway, Lichtenstein and Switzerland, which are not EU members.

The Schengen Borders Code sets the rules on when border controls are permitted. It says that checks can be temporarily restored where there is a “serious threat to public policy or internal security”, from the organisation of a major sport event to a terrorist attack such as those seen in Paris in November 2015.

However, these checks should be a “last resort” measure, should be limited to the period “strictly necessary” to respond to the threat and not last more than 6 months.

In exceptional circumstances, if the functioning of the entire Schengen area is at risk, EU governments can recommend that one or more countries reintroduce internal border controls for a maximum of two years. The state concerned can then continue to impose checks for another six months if a new threat emerges. 

Which countries keep border checks in place?

Countries reintroducing border controls have to notify the European Commission and other member states providing a reason for their decision. 

Based on the list of notifications, these countries currently have controls in place at least at some of their borders: 

Norway – until 11 November 2022 at ferry connections with Denmark, Germany and Sweden. These measures have been in place since 2015 due to terrorist threats or the arrival of people seeking international protection and have sometimes extended to all borders.

Austria – until November 2022 11th, since 2015, at land borders with Hungary and with Slovenia due to risks related to terrorism and organised crime and “the situation at the external EU borders”. 

Germany – until November 11th 2022, since November 12th 2021, at the land border with Austria “due to the situation at the external EU borders”.

Sweden – until November 11th 2022, since 2017, can concern all borders due to terrorist and public security threats and “shortcomings” at the EU external borders. 

Denmark – until November 11th 2022, since 2016, can concern all internal borders due to terrorist and organised criminality threats or migration.

France – until October 31st 2022 since 2015, due to terrorist threats and other events, including, since 2020, the Covid-19 pandemic.

Estonia – until May 21st 2022, from April 22nd 2022, at the border with Latvia “to facilitate the entry and reception of people arriving from Ukraine”.

Norway, Austria, Germany and France also said they are operating checks on non-EU citizens. 

Can Schengen rules survive?

Despite the exceptional nature of these measures, there have been continuous disruptions to the free movement of people in the Schengen area in the past 15 years. 

Since 2006, there have been 332 notifications of border controls among Schengen countries, with increasing frequency from 2015. In addition, 17 countries unilaterally restored border controls at the start of the pandemic. 

In December 2021, the Commission proposed to reform the system to ensure that border controls remain an exception rather than becoming the norm. 

According to the proposals, countries should consider alternatives to border controls, such as police cooperation and targeted checks in border regions. 

When controls are restored, governments should take measures to limit their impacts on border areas, especially on the almost 1.7 million people who live in a Schengen state but work in another, and on the internal market, especially guaranteeing the transit of “essential” goods. 

Countries could also conclude bilateral agreements among themselves for the readmission of people crossing frontiers irregularly, the Commission suggested. 

If border controls have been in place for 6 months, any notification on their extension should include a risk assessment, and if restrictions are in place for 18 months, the Commission will have to evaluate their necessity. Temporary border controls should not exceed 2 years “unless for very specific circumstances,” the Commission added. 

At a press conference on April 27th, European Commissioner for Home Affairs Ylva Johansson said the EU Court ruling about Austria is in line with these proposals.

“What the court says is that member states have to comply with the time limit that is in the current legislation. Of course we can propose another time limit in the legislation… and the court also says that it’s necessary for member states, if they would like to prolong [the border controls] to really do the risk assessment on whether it’s really necessary… and that’s exactly what’s in our proposal on the Schengen Border Code.”

Criticism from organisations representing migrants

It is now for the European Parliament and EU Council to discuss and adopt the new rules.

A group of migration organisations, including Caritas Europe, the Danish Refugee Council, Oxfam International and the Platform for International Cooperation on Undocumented Migrants (PICUM) have raised concerns and called on the EU institutions to modify the Commission proposals.

In particular, they said, the “discretionary nature” of controls in border regions risk to “disproportionately target racialised communities” and “practically legitimise ethnic and racial profiling and expose people to institutional and police abuse.”

Research from the EU Fundamental Rights Agency in 2021, the groups noted, shows that people from an ‘ethnic minority, Muslim, or not heterosexual’ are disproportionately affected by police stops.

The organisations also criticize the definition of people crossing borders irregularly as a threat and a new procedure to “transfer people apprehended… in the vicinity of the border area” to the authorities of the country where it is assumed they came from without any individual assessment. 

The article is published in cooperation with Europe Street News, a news outlet about citizens’ rights in the EU and the UK.

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TRAVEL NEWS

What happens if you overstay your 90-day limit in Switzerland?

If you are coming to Switzerland as a tourist, you can’t overstay your welcome. But rules differ depending on where you live.

What happens if you overstay your 90-day limit in Switzerland?

Switzerland’s tourism authorities are bending backwards to attract foreign visitors to visit the country.

This is evident from these two messages that the (retiring) tennis champ Roger Federer made with his famous friends:

The extent to which Switzerland depends on tourist revenue became clear during the Covid pandemic when borders closed and the hospitality sector slowed down to the point of almost shutting down completely.

However, this doesn’t mean that tourists can remain here for as long as they like.

These are the rules

Visitors (as opposed to permanent residents or others who have some kind of official status in Switzerland such as a long-stay visa), can only remain in the country for 90 days. 

It doesn’t matter whether the person visits from a Schengen nation or a third country, and whether they need a visa to enter Switzerland or not — the 90-day rule is the same for everyone.

There are, however, some differences, based on the person’s country of residence.

If you live in a EU / EFTA state and want to remain in Switzerland longer than three months, you must apply for a residence permit at the Population Registry Office in a given canton.

However, third-country nationals (eg Brits, Americans, Canadians) are not eligible to exceed their stay.

Whether they entered on a tourist visa, or without it — for instance, residents of the United States, Canada, New Zealand, Australia, Israel, and Singapore don’t need a visa for Switzerland — they must leave the country within 90 days.

The 90-day rule states that you can stay 90 days out of every 180 – so in total you can spend six months in Switzerland, but not all in one go. It’s important to note that the 90-day limit applies to the whole of the Schengen zone; so time spent in eg France, Germany or Italy also counts towards your 90-day limit. 

These rules are in place not only in Switzerland but throughout Schengen and in other countries outside the EU as well; they are in place to prevent people from staying longer than allowed, and possibly seeking employment or welfare benefits.

What happens if you are caught overstaying your limit?

Swiss police don’t patrol the streets looking for foreigners who have been staying in the country for more than 90 days.

More often than not, these offenders come to the attention of authorities by chance: perhaps someone reports them, or they are ‘caught’ during a random identity check, or in other accidental ways, or your overstay could come to the attention of border police when they stamp your passport as you leave the country. 

The extent of punishment depends, again, on whether the offender comes from EU / EFTA or a third country, with penalties being stricter for the latter category.

According to the government, those fro EU / EFTA living in Switzerland “without permission must leave the country. If they do not voluntarily comply with this obligation to leave, they can be returned to their home country against their will and at their own expense”.

“A third-country national who stays for more than 90 days without a residence permit or a long-stay visa is overstaying and is therefore in an irregular situation. This can lead to a criminal prosecution and to an entry ban to the Schengen area”, which includes Switzerland.

READ MORE: UPDATE: What are the current rules for entering Switzerland?

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