A corresponding letter to the EU Commission had already been sent on April 14, a spokesman for the Ministry of the Interior told the German Press Agency on Wednesday. The reason for the extension until November was the migration happening at this border section. According to the ECJ, the border controls in Austria were partly illegal.
Actually, there are no stationary identity checks at the borders in the Schengen area, to which 26 European countries belong. In recent years, however, several countries have used an exemption and partially reintroduced border controls. Germany has been controlling Bavaria on the border with Austria since autumn 2015 after tens of thousands of refugees and other migrants made their way from Greece to Western Europe via the Balkan route.
Border controls in Austria no longer legal
The European Court of Justice (ECJ) ruled on Tuesday that border controls in Austria had apparently no longer been legal since 2017. According to the ECJ, border controls are only permitted for a maximum of six months in the event of a serious threat to public order or internal security. After that, proof of a new serious threat is needed. Austria does not seem to have demonstrated this since 2017. A final decision lies with the responsible court in Austria. When asked on Tuesday, the German Ministry of the Interior said that the possible effects of the judgment for Germany were still being examined.
The German Greens are skeptical about the continuation of border controls. The German Greens domestic politician Marcel Emmerich, for example, called on Interior Minister Faeser (SPD) to revise her decision – also in the light of the decision of the European Court of Justice. “After yesterday’s clear verdict, this is not legally tenable and would continue Seehofer’s policy,” said the member of the Bundestag. “An end to border controls after five years is therefore legally and politically necessary.”
The Greens MP in the Bavarian state parliament, Toni Schuberl, is currently suing the Bavarian Administrative Court against the controls at the border with Austria. “The controls have now been in place for 2,416 days, so they have been illegal for 2,235 days and must not remain in place a day longer,” said Schuberl of the German Press Agency in Munich. Schuberl’s case has been pending at the Administrative Court for a long time. It is unclear when a decision can be expected here.
The German police union also does not consider permanent EU internal border controls to combat trafficking crime and irregular migration on the Bavarian-Austrian border to be sensible. It is already clear that the smugglers have adjusted to the situation and are now using new routes to Germany, said Andreas Roßkopf, chairman of the Federal Police GdP district, on Wednesday in Berlin.
On the other hand, the extension of the controls was welcomed by the Union.
Source: Nachrichten
