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In order to combat attempts by third countries to orchestrate the arrival of migrants in the bloc, as Belarus and Russia have been accused of doing for destabilization purposes, the new rules will notably allow member states to limit the number of border crossing points. They also make it possible to take binding measures at European level to restrict the access of third-country nationals to the bloc in the event of a large-scale health emergency.
Checks authorized exceptionally
The reform of the Schengen code was proposed in December 2021 by the European Commission to learn lessons from the Covid-19 crisis, which had given rise to a mess of restrictions. During the pandemic, Brussels was only able to issue non-binding recommendations to member states to try to harmonize the restrictions imposed on travelers entering the EU. Under the new rules, the EU Council will be able to impose tests and quarantine measures.
Within the Schengen area, which brings together 27 countries – including 23 EU Member States plus Iceland, Liechtenstein, Norway and Switzerland – more than 400 million people can in principle travel without being subject to restrictions. controls. Since March, two other countries – Bulgaria and Romania – have partially joined this group. But since 2015, citing migratory pressure or the terrorist threat, a number of countries have reintroduced identity checks at their borders. There are currently eight to do so: Slovenia, Italy, Germany, Austria, France, Norway, Denmark and Sweden.
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These controls are authorized by the Schengen Code exceptionally, in the event of a serious threat to public order or the internal security of a State, but on a temporary basis. The Court of Justice of the EU recalled in April 2022 that they should not exceed six months. The reform provides that in the event of a serious threat to its security, a State can authorize controls at its borders for a maximum period of two years, with a possible extension of one year. These States will have to assess the necessity and proportionality of these controls and determine whether the objectives pursued cannot be achieved by alternative measures.
