Slovenia did not pull out all the stops, in anticipation of Croatia’s entry into the Schengen area and the euro zone, from 1 January next (provided that European leaders so decide on the 8 and December 9). Ljubljana is thus considering setting up checks at certain crossing points in the south of the country, for fear that exiles on the Balkan route will choose to transit through this area. “We do not want Slovenia to become a pocket due to the increase in the number of migrants and refugees”, recently exposed Slovenian Foreign Minister Tanja Fajon.
Withdrawal reflex
This country adds to the outcry of a dozen countries in Europe. Germany thus exercises controls over Austria, which does the same vis-à-vis Hungary and Slovenia, while Slovakia is asking the Czech Republic to lift its surveillance at their common border. France, too, has tightened controls with Italy without justification, after the dispute over the rescue ship Ocean Vikingwelcomed in November in the port of Toulon.
The authorities largely justify this withdrawal reflex by the 73% increase in the number of illegal crossings at the EU’s external borders this year, according to Frontex. The trend extends to the Nordic countries. Sweden blocks the passage via Denmark, which itself restricts its access to Germany.
Stockholm, which will hold the rotating presidency of the Council of the EU in the first half of 2023, is reluctant about the prospect of enlargement of the Schengen area, as are the Netherlands and Austria, which have vetoed Thursday, December 8 the integration of Romania and Bulgaria. The latter was indignant at the remarks of Prime Minister Mark Rutte, who indicated that it was possible to enter Bulgaria with a bribe of €50. “Instead of benefiting from European solidarity, Bulgaria has a right to cynicism”, denounced Bulgarian President Roumen Radev.
Precarious space
This contrasts with the spirit of Schengen, an agreement signed in 1985 by five pioneering States (Germany, Belgium, France, Luxembourg, the Netherlands) aboard the Princess-Marie-Astrid, on the Moselle, at the confluence of three countries. The initiative, which was then considered the “laboratory of Europe”, then flourished. Space now brings together 420 million people in 26 States: 22 of the 27 EU members, plus four associated countries (Norway, Iceland, Switzerland and Liechtenstein). Every day, 3.5 million people come and go in the Schengen area to travel or work, with significant economic benefits.
Alas, customs controls have again become the norm for six countries – France, Sweden, Denmark, Germany, Austria, Norway – since the migration crisis of 2015. And again for health reasons during the Covid-19 pandemic.
However, the Court of Justice of the EU has clarified its interpretation of the Schengen code. Last April, the judges ruled that it was not possible to extend the checks for more than six months for the same reason. In principle, it is up to the Commission to launch infringement procedures against States that persist in maintaining them, but the European executive is not ready to venture into this field.
Since December 2021, Brussels has instead been proposing a revision of the Schengen code. The reform would consist on the one hand of strengthening the external borders of the EU, to limit their reappearance internally, and of favoring alternatives to closures. It would oblige Member States to assess the impact of checks on the border region, with priority given to targeted and proportionate measures, as well as to police cooperation.