A spate of EU countries have introduced border controls and travel bans in the midst of the coronavirus pandemic – including against other EU member states.
Some, mostly UK-based, commentators, have asked how the closures can take place, given freedom of movement between countries is one of the main pillars of the European Union.
But in fact, EU treaties allow member states to suspend open borders on a temporary basis if they have a good reason.
As the European Commission explains: “The Schengen Borders Code provides member states with the capability of temporarily reintroducing border control at the internal borders in the event that a serious threat to public policy or internal security has been established.”
It also notes that “the reintroduction of border control is a prerogative of the member states”.
“The commission may issue an opinion with regard to the necessity of the measure and its proportionality but cannot veto such a decision if it is taken by a member state.”
Of course, same EU member states are going further than the reintroduction of border controls – some are barring visitors outright. For example Austria’s chancellor Sebastian Kurz last week banned Italian visitors to his country.
Since then, in an unprecedented move, the Czech Republic has banned non-resident foreigners from entering the country for the next 30 days entirely.
There is little precedent for this kind of move. The European Commission said at the end of the week that “it is essential to act together to secure production, stocking, availability and rational use of medical protective equipment and medicines in the EU, openly and transparently, rather than taking unilateral measures that restrict the free movement of essential healthcare goods”.
But it has not gone any further than weak condemnation, as EU treaties say temporary reintroduction is a prerogative of member states.
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