Is the Free Movement in the Schengen Area at Stake?

Murad Jandali | 14 hours ago

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In a scene reminiscent of European division, Poland recently announced the reimposition of border checks with both Lithuania and Germany, a move that came in an angry response to what it described as unilateral decisions from Berlin.

With the implementation of the Polish measures, warnings have escalated from within Germany and within the European Union of a new political crisis that could threaten the integrity of the Schengen area itself.

In its commentary on the events, the French newspaper Le Figaro considered the Schengen Area to be entering a growing crisis of confidence within the European bloc, while France 24 attributed Poland's move to escalating disputes with its neighbor, Germany.

Poland's new border controls came into effect on July 7, a move Warsaw said was aimed at curbing illegal immigration. The measure is expected to initially last until August 5, with the possibility of extension.

It should be noted that EU law allows for checks at internal borders in exceptional circumstances: these should be limited to six months, with the possibility of renewal for clear reasons.

However, several European countries have continued to extend this timeframe. France, for example, has implemented checks almost continuously for about a decade, while Austria, Denmark, Sweden, and Germany continue to operate under long-term exemptions.

Many observers in Brussels see these measures as reflecting a profound shift away from European solidarity toward national interest.

Rising Tensions

The Polish Ministry of Defense announced the launch of a special military operation to support security services on the borders with Germany and Lithuania, amid concerns about the influx of irregular migration.

Polish Defense Minister Władysław Kosiniak-Kamysz said the operation includes the deployment of approximately 5,000 troops to support border guards and police, stressing that Poland is acting decisively to counter the threats associated with irregular migration.

For his part, Interior Minister Tomasz Siemoniak said that the first group of irregular Afghan immigrants was apprehended this week on the border with Lithuania.

He indicated that these measures are necessary at the present time, despite controversy over their compatibility with the Schengen directives.

Reports considered this statement a reflection of a dramatic shift in Poland's position, which was a staunch advocate of freedom of movement at the turn of the millennium.

The latest measures come amid escalating political tensions between Warsaw and Berlin over migration issues. 

The German government recently announced that it would begin turning back asylum seekers at the Polish border, sparking widespread controversy in Poland.

This crisis reached the limit of the movement of right-wing groups to organize unlicensed civil patrols at the border to prevent migrants from entering, prompting the Polish government to intervene and consider these movements illegal and destabilizing security.

In turn, German officials have turned away approximately 1,300 people at the border with Poland since May 8, indicating an escalation in restrictions on migrants.

Although both countries are part of the Schengen area, which abolishes border checks between member states, security conditions and irregular migration have prompted both countries to take exceptional steps.

It is worth noting that Germany has been conducting random checks on its border with Poland since October 2023. 

However, it has intensified its controls in recent months under the administration of Chancellor Friedrich Merz, known for his hardline stance on migration.

Real Setback

Criticism of this Polish escalation was not long in coming from within Germany, with politicians from the Social Democratic Party (SPD) criticizing Chancellor Friedrich Merz, accusing him of mismanaging the border issue and lacking coordination with European partners.

Sonja Eichwede, deputy chair of the party's parliamentary group, considered the Polish move a real setback for the free movement in Europe.

“These measures are expected to significantly impact daily transit traffic, without making a significant difference to the migration issue toward Poland,” said Eisfeld.

The Green Party escalated its criticism, claiming that the German government was causing chaos across the continent.

Konstantin von Notz, deputy chairman of the Greens' parliamentary group, said, “What is happening today is a direct result of unilateral, uncoordinated decisions... We are facing a disastrous domino effect.”

For his part, Polish Prime Minister Donald Tusk defended the move, explaining that the controls are temporary and aimed at halting human trafficking and irregular migration.

He noted that he had repeatedly warned Berlin in March, adding that Poland’s patience in this matter is running out. 

"We cannot accept sending back thousands of migrants to our territory without a clear agreement," he said.

Merz, on the other hand, defended his country's decision, saying that border protection is essential in light of the weak controls at the EU's external borders.

Business associations and politicians in Germany have expressed concern over Poland's decision to reinstate checks and its consequences for the freedom of movement across Europe.

In Brussels, the European Commission announced that it had not yet received official notification from Warsaw, emphasizing that such steps would only be accepted under clear conditions and for specific timeframes.

French researcher Olivier Bourdon believed that these developments represent a new blow to the Schengen area, which has been gradually eroding since the 2015 refugee crisis.

He added that the shift from free movement to a logic of inspection and national sovereignty opens the door to the actual collapse of a system based on mutual trust.

Deep Shift

The border inspection procedures imposed by Poland this month were not the first time that a member state has taken such a step.

These measures are usually justified as necessary to reduce irregular migration, combat human smuggling, or address national security concerns.

But for many analysts, this may be one of the clearest signs that the EU's borderless travel zone, which is a symbol of integration and shared identity, is under increasing pressure.

It is noteworthy that the Schengen area was established in 1985, and it allows the movement freely between 29 European countries, covering most of the EU countries, in addition to a number of non-member countries such as Norway and Switzerland.

This area also facilitates the freedom of transporting more than 450 million people, and supports the unified European market by canceling the internal border inspections of goods, services, and employment.

Increasingly, European governments, under the pressure of the extreme right-wing discourse on immigration, resorted to reimposing controls unjustified through specific threats or clear arguments.

In addition to Germany, France has kept the inspections of expatriates from the Schengen area since the terrorist attacks in 2015.

As for Austria, it has imposed controls on its borders with Slovenia and Hungary for the first time in September 2015, at the height of the refugee crisis, and it has still renewed every six months since then, citing the pressure of migration and internal security.

Denmark, Italy, Norway, Sweden, Finland, and Slovenia are also conducting border inspections, citing terrorist threats, increasing migration, concerns about organized crime, and the dangers of Russian espionage.

As a guarantor of the Schengen Treaty, the European Commission, in general, accepted the justifications for member states to reimpose temporary controls without any objection.

For their part, the center leaders in Europe are facing severe pressure to show a strictness in dealing with migration, and border controls are a clear procedure in this regard and are popular with most of the public.

Nevertheless, official statistics raised doubts about the feasibility of cross-border inspections inside the Schengen area.

In a related context, border societies, especially in regions such as Luxembourg, Austria, and Poland, recently stated that they already feel the negative effects of inspection procedures when moving between the Schengen countries, which include longer waiting periods, slower supply chains, and greater economic pressures on local cross-border companies.

A detailed European Parliament study estimated that reinstating internal border checks leads to substantial time losses: 10–20 minutes for cars and 30–60 minutes for heavy vehicles.

It also pointed out that it costs the transport sector around €320 million — and that's only accounting for delays, not the broader economic fallout.

Experts have warned that returning to the strict borders may negatively affect not only supply chains, but also thousands of people who depend on the flow of daily crossings.

The End of Schengen

The EU and its leaders realize the risks, as if the inner border inspections become permanent, the Schengen system may completely collapse.

If Schengen collapses, the most realistic way to experience the EU as a transnational project for citizens will also collapse.

This will not only disrupt the freedom of movement of persons, goods, services and capital, which are the basic pillars of the EU's union market, but will also undermine the legal integrity of the EU treaties, and perhaps citizens' confidence in the European project itself.

To prevent this, observers believe that the basic idea behind the Schengen Treaty should be adhered to: that the Europeans should be able to move without fear, delay, or political positions across their common continent.

For its part, the European Commission is working to update the Schengen Border Law, and the launch of two digital management tools: ESS and ETIAS system, which is a platform for examining visa exemption requests.

Both tools were designed to improve the entry of citizens of non-member states of the EU to the region and reduce the urgent need for internal inspections.

The Commission says that these reforms represent the development of the Schengen system, not its collapse.

“With far-right parties reshaping political narratives in many countries, the pressure to reassert national sovereignty is only growing,” said Birte Nienaber, Associate Professor at the University of Luxembourg. 

She warned that if governments continue to use internal border controls as political instruments, rather than last resort security tools, the Schengen area could soon fall to pieces.