During the so-called ‘refugee crisis’ in 2015, Germany’s then-Chancellor Angela Merkel championed a ‘welcome culture’ with her famous slogan: ‘Wir schaffen das’ (‘We can do this’). But her approach, through which Germany welcomed approximately 1.1 million asylum seekers across its borders that year, sparked significant divisions within Europe and presented challenges to Germany’s societal structures with mixed economic results.
Fast forward to 2025, and Germany has shifted to a stricter approach to refugees under the new government led by Chancellor Friedrich Merz. This shift, driven by what the government has said are its concerns over ‘security’ and ‘integration’, features tightened asylum laws, more deportations, and a focus on limiting ‘irregular’ migration.
As part of this approach, the German government has also extended border controls with neighbouring countries until March 2026. These controls had been imposed by the previous government in September 2024 but were due to expire in September this year.
Germany’s extension of controls reflects a broader European-wide push to curb ‘illegal’ immigration and a response to public sentiment. Amid pressure from the far-right, various European governments have imposed border checks, citing concerns over public ‘security’.
Alongside concerns over the impact on migrants’ rights, this shift towards internal border checks across European countries also threatens to undermine core EU principles, especially freedom of movement within the bloc, and could even damage the credibility of shared EU law.
Undermining the Schengen area
The imposition of border checks threatens the EU’s Schengen system, which allows the free movement of people and goods between countries without internal border controls.
The Schengen system was put in place on 14 June 1985, with the signing of the Schengen Agreement by Belgium, France, Germany, Luxembourg, and the Netherlands. This agreement was followed by the Schengen Implementing Convention in 1990, which detailed the measures for applying the agreement, and the creation of the Schengen Area – with no internal borders – in 1995. The entire system was then incorporated into the EU’s legal framework through the Schengen Protocol to the Amsterdam Treaty in 1999.
The Schengen Area now includes 29 countries: 25 EU Member States and four non-EU countries (Iceland, Norway, Switzerland and Liechtenstein). Schengen is the largest cross-country free travel area in the world, and is considered to be one of the main achievements and success stories of the European integration project.
But the Schengen Area and its underlying principles are facing a serious challenge. Since the ‘refugee crisis’ of September 2015, countries have reintroduced border checks at the EU’s internal borders more than 400 times. These checks have been justified on the grounds of the increased movement of refugees and migrants into Europe, counter terrorism, and the COVID-19 pandemic.
The internal border checks are lawful under amendments made to the Schengen Borders Code (SBC) – the EU’s single set of rules governing border management for the Schengen Area. These amendments – the latest of which was in July 2024 – were aimed at increasing the resilience of the Schengen Area to crises such as public health emergencies, security threats, and the instrumentalization of migrants by third countries.
But the checks are only legal under specific circumstances. The SBC allows ‘temporary’ reintroductions of border controls but ‘only’ as ‘a measure of last resort’ in ‘exceptional situations,’ such as a serious threat to public policy or security. These include terrorist incidents, large-scale organized crime, public health emergencies, or an exceptional situation with sudden large-scale unauthorized movements of non-EU nationals. The code does not allow EU countries to unilaterally close their internal Schengen borders.
The risks to the EU
At the time of writing, the Schengen Area is experiencing continued border controls and stricter EU migration policies. Countries like Germany, Denmark, France, Italy, the Netherlands, Norway, Poland, Slovenia and Sweden, have extended border checks due to perceived threats from ‘irregular migration’.
The extension of border checks by EU states risks setting a problematic precedent by undermining the principle of free movement within the Schengen Area. This comes ahead of a significant change in how the bloc processes short-stay visitors: from 12 October 2025, the EU will start operating and implementing its Entry-Exit System (EES) at major airports, which replaces passport stamps with biometric digital records for non-EU short-stay travellers. This move, along with a push for stricter rules on migrant returns and the potential establishment of deportation centres, indicates a shift towards more controls on freedom of movement.
Repeated or unwarranted border closures also risk undermining the authority and enforcement of EU law. This fosters a situation in which member states prioritize their own national interests over agreed-upon EU regulations. Members consistently closing their borders could lead to a breakdown of the Schengen Area itself, as it relies on mutual trust and adherence to shared rules.
This is, in effect, a real challenge to the principle of solidarity and shared responsibility within the EU. It could also lead to instability within the EU, damage the overall credibility of EU law and the Schengen Agreement, and set a precedent for other member states to ignore regulations, potentially leading to the disintegration of the Schengen Area.
In such cases, the European Commission can take action against member states that violate EU law, but the process can be slow and may not prevent the immediate effects of border closures.