RESOLUTION | Opposing continued introduction of internal border controls in the Schengen Area

The need to preserve the exceptional character of this measure which affects free movement of persons

Adopted by the Federal Committee of UEF, Budapest, 16 November 2024

The UEF Federal Committee, meeting in Budapest on 16 November 2024

• Aware of the European Union (EU) Treaties provisions regarding the objectives in the area of freedom, security and justice, of the Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders, known also as Schengen Borders Code (SBC);
• Mindful of EU member states' permanent obligations under the EU Treaties, the EU Charter of Fundamental Rights and EU law in the area of border management, as well as the binding provisions under the international public law, the international human rights law, and in particular the respect of the non-refoulement principle;
• Recalling the role of the European Commission as "guardian of the Treaties" and the role of the Court of Justice of the European Union in overseeing the uniform application and interpretation of the European Union law. 
• Noting that the Schengen Area, a key achievement of the European integration, is facing growing challenges as more countries reintroduce temporary border controls, 
• Considering that the revised Schengen Borders Code (Regulation 2024/1717) takes foresees the possibility of the reintroduction of internal border controls, considering the Covid-19 outbreak, in  order to avoid practices of highly disputed prolongations of border controls,  their impact on cross-border mobility and in particular on possible disturbances of the  functioning  of the free movement Schengen area;
• Recalling that currently a Member State has the right to temporarily reinstate border controls in emergencies only and that such Decisions must be justified (necessary), limited in time, proportional and well balanced.
• Highlighting that the announcement of Germany on introduction of temporary border controls, as well as its use of fixed controls at its Southern and Eastern borders to manage irregular migration, and the situation of border controls with the Czech Republic, Poland and Austria should be  in line with the Schengen Borders Code;
• Regretting the new border controls announced by France that took effect on 1 November 2024;
• Given the political implications in the current political context and the incoming federal elections in Germany in 2025, which raise concerns for neighbours as well as in the wider repercussions to the implementation of the recently adopted Pact on Migration and asylum.

Believes that:

• Reintroducing widespread border controls contradicts Schengen principles and could trigger a domino effect across the Schengen Area;
• Introduction of border controls shall only be made as a last resort and as a measure to protect the common interests within the Schengen Area;

Calls for:

• An immediate assessment by the Commission of the situation on the spot after the reintroduction of internal border controls by the German Authorities based on the information (Including risk assessment) provided by the German authorities as well as other Schengen countries’ internal border controls ;
• Respect of   the exceptional character of the reintroduction of internal border controls which should be strictly time-limited, and a last resort measure, in full compliance with EU law in order , to preserve the integrity and the effective functioning  of the Schengen area;
• The need for consistency with the EU Treaties of the practice of the reintroduction of temporary internal border control in order to avoid a systematic  abuse or  misuse of the relevant Schengen Border Code provisions;
• Correct implementation of the obligations under the EU law, international law, and international human rights laws with particular attention to the correct implementation of the non-refoulement principle;
• Safeguarding the provisions of art. 2 of the Treaty on European Union. 

• Immediate and unrestricted re-establishment of the freedom of movement within the Schengen area for all, including by land for Bulgaria and Romania,          

Reminds that:

• The fundamental political problem underlying the management of the Schengen area rules remains the need to complete the integration process by flanking the opening of internal borders with an effective European competence for internal and external affairs in those matters requiring common management.

• This necessity is part of the broader need to reform the current Treaties in such a way as to guarantee European-level governance in those areas in which the member states have now lost real control that can only be regained at European level.

Urges:

the governments of the Member States and the President of the European Council to take note of the still pending request - made by the European Parliament and communicated to the European Council by the Spanish Presidency of the Council of the European Union on 18 December 2023 - regarding the launch of a Convention ex rt. 48 TEU. This Convention is the only possible way to open a public and democratic debate on the future of the European Union and on the necessary reforms of the Treaties.