Freedom and security for travellers
The Schengen provisions abolish checks at EU’s internal borders, while providing a single set of rules for controls at the external borders applicable to those who enter the Schengen area for a short period of time (up to 90 days).
The Schengen area relies on common rules covering in particular the following areas:
- crossing the EU external borders, including the types of visa needed,
- harmonisation of the conditions of entry and of the rules on short stay visas (up to 90 days),
- cross-border police cooperation (including rights of cross-border surveillance and hot pursuit),
- stronger judicial cooperation through a faster extradition system and the transfer of enforcement of criminal judgments,
- the Schengen Information System (SIS) and
- documents needed for travelling in Europe.
Police checks and temporary border controls
Any person, irrespective of their nationality, may cross the internal borders without being subjected to border checks. However, the competent national authorities can carry out police checks at internal borders and in border areas, provided that such checks are not equivalent to border checks. The non exhaustive list of criteria allowing to assess if police checks is equivalent to border controls is set out in the Schengen Borders Code. The Code is complemented by relevant case-law of the Court of Justice. It includes the following elements:
- the police checks do not have border control as an objective,
- are based on general police information and experience,
- are carried out in a manner clearly distinct from systematic border checks on persons at the external borders,
- are carried out on the basis of spot-checks.
The police carry out checks under the national law of the Schengen country. Depending on the exact purpose, they can, for example, include identity checks.
For more information on police checks in internal border areas see cases of the European Court of Justice C-188/10 (Melki), C-278/12 (Adil) and C-444/17 (Arib).
Temporary reintroduction of border controls
If there is a serious threat to public policy or internal security, a Schengen country may exceptionally temporarily reintroduce border control at its internal borders.
If such controls are reintroduced, the Member State concerned has to inform the Council (and thus, other Schengen countries), the European Parliament and the European Commission as well as the public. The Commission provides more information on the current reintroductions of internal border controls on the website: Temporary Reintroduction of Border Control.
Proposal to reform the Schengen Borders Code
The proposal to amend the Schengen Borders Code, submitted by the Commission on 14 December 2021, has three main objectives:
- to offer solutions to ensure that internal border checks remain a measure of last resort and to provide flexibility to Member States’ use of alternative and proportionate measures to the challenges they address
- to build on lessons-learned from the COVID-19 pandemic
- to respond to the recent challenges at EU’s external borders
The proposal to amend the Schengen Borders Code is both the result of extensive consultations with Member States, as well as a response to the latest developments at EU’s external borders.
Interinstitutional negotiations between the European Parliament, the Council and the Commission started on 7 November 2023.
On 30 November 2020 and 17 May 2021, the Commission organised two Schengen Forums. The aim was to gain better insight into the needs of Schengen States, in particular, regarding the situation at internal borders. The Forums allowed for constructive exchanges towards building a stronger and more resilient Schengen area.
The discussions on both events provided the basis for the Strategy towards a fully functioning and resilient Schengen area, which was presented by the Commission in June 2021. The Schengen Strategy took stock of the progress made on the fundamental pillars of the Schengen area and other key measures sustaining the area of freedom, security and justice. It also announced a proposal for amendment of the Schengen Borders Code.
