Luxembourg must complain against border controls before the ECJ
The author is a former LSAP minister and European member.
Guest contributions reflect the respective opinion of their authors, not those of the editorial team. They are not part of regular reporting and theme planning of the « Luxemburger Word ».
On June 14, Luxembourg will celebrate the 40th anniversary of the signing of the first Schengen Agreement. From 1985, this not exactly revolutionary contractual work between Germany, France and the three Benelux countries brought initial relief in crossing the internal borders.
« Schengen I » entered a process that developed an unexpected dynamic. The citizens were fed up with checking, often harassed, harassed. The Europe of the four freedoms (free traffic for goods, services, capital, capital, free movement of people) specified by Jacques Delors gave the European unification a content that appealed to many citizens, yes, convinced.
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In more and more European countries, the pressure grew to quit the nonsense of border controls. The corresponding Schengen II Agreement of the five founding states came in 1990. To which more and more EU countries were added-with Norway, Switzerland, Liechtenstein and Iceland, four non-members of the EU.
Actually, the Schengen contracts are no longer available. The Amsterdam Treaty in 1997 became the “Acquis Schengen” to become a European rules. Confirmed by all subsequent agreements. But « Schengen » continues to live as a common concept for a policy of open limits. As a symbol of a Europe in which citizens of all nations, skin colors or religions are freely, work, study or live in the country of their choice.
Cracks in the idyll
But « Schengen » crumbles. More and more states in the Schengen area are one-sided to nationalist measures. They introduce new controls, dismiss foreigners, do not even allow asylum requests. The German traffic light government also does not spare the German-Luxemburg border. Chancellor Friedrich Merz’s cabinet strengthens the controls.
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This procedure, which is copied in the right-wing extremist propaganda, clearly violates the applicable EU contracts. Already Article 3.2. of the basic contract for the European Union states: « The Union offers its citizens a space of freedom, security and law without internal borders in which (…) free passenger transport is guaranteed. »
The contract for the working method of the EU is even clearer: Article 77 determines: “The Union is developing a policy with which
a) it is to ensure that people are not controlled regardless of their nationality when exceeding the internal limits;
b) the person control and the effective monitoring of the border crossing at the external borders should be introduced;
c) An integrated border protection system should be introduced gradually at the external borders. «
Article 77 to 80 determine the policies to be carried out in order to enable people’s freedom of movement. A common « visa », « asylum » and « immigration policy ». Fighting « illegal immigration » and « human trafficking ». Everything is regulated in the contract. « If one or more member states are in an emergency due to a sudden influx of third countries, the council can issue preliminary measures in favor of the member states concerned at the proposal of the Commission ».
With the large waves of refugees as a result of wars in Iraq, Libya, Syria, Afghanistan, etc., more and more states became receptive to racist and xenophobic slogans.
Ten out of 29 countries have introduced controls
Of the currently 29 Schengen countries, ten have again introduced controls at their internal borders. Most of the time they are sporadic controls because no country can shield themselves completely. Neither Greece its 1,200 islands nor Germany its 3,900 kilometers long EU limits.
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In the event of larger events, the Schengen regulations allow increased controls at the internal limits-after approval by the EU Commission and limited to a maximum of six months. Now it has become natural that states such as Austria, France or Germany submit a new application for an additional six months of « exceptional regulation » after six months-which the Commission has in advance.
Of the currently 29 Schengen countries, ten have again introduced controls at their internal borders.
Thus, one of the greatest achievements in Europe, freedom of movement, is being sparked more and more. « Schengen » not only means no personal checks on the internal borders, of which more than two billion people benefit every year.
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Schengen also brought a greater exchange of goods and services beyond the borders. Around four million Europeans work as cross -border commuters in a neighboring country. According to the Commission, “Schengen-Land” was the most popular travel destination in the world in 2024, which attracted around 40 percent of all international tourists.
The illusion of more security
The unctuousing politicians who, like Chancellor Merz, would protect their land from « illegal », « criminals » or « terrorists » by strengthening the controls at the internal borders are simply and moving jugglers.
Great Britain was never a member of Schengen and therefore always controlled its limits. The country still knows one of the highest crime rates in Europe. It was the victim of terrorist attacks and, despite Brexit and border controls, recorded the highest number of illegal immigrants in Europe despite Brexit and border controls.
How many terrorists have France or Germany picked up during their border controls? Not a single one!
States such as Germany and France rely on Article 72 of the contract that provides for the chapter on freedom, security and law do not touch « the perception of the responsibilities of the member states to maintain public order and the protection of internal security ». These crumbs should allow all one -sided police measures.
The European Court of Justice sees it differently. In a fundamental judgment of April 26, 2022, the judges said that the states should not « Abuser de la Possibilité de Rétablir des Contrôles aux Frontières Intérieures pour une durée supérieure à six mois ». « A moins que n’apparaisse une nouvelle menace, distincte de la précédente. » (…) Reconduire une interdiction pour * terrorisms * n’est Pas Légal, La Menace Étant Toujours la Même. «
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Law is not an exact science. The highest administrative jurisdiction of France, the « Conseil d’Etat », judged that France’s controls at its internal borders are legal, given the « Menac Persistant », « Identique Mais Renouvelée » by terrorism.
How many terrorists have France or Germany picked up during their border controls? Not a single one!
Controls are only showing places
Most terrorist attacks were carried out by people, born in the country or for a long time. Large terrorist attacks that logistics and backers need, such as « 9/11 » in the USA or Bataclan in Paris, have become rare. Terror acts are carried out today with banal objects of daily life; With cars that lawn racing into a crowd, attacks with axes, kitchen knives and similarly unsettled murder weapons.
Luc Frieden and Xavier Bettel should not be content to inaugurate a new museum and the renovated Marie astrid in Schengen on June 14th.
The truth is that all controls are just showing places, fueling bourgeois freedom without bringing more « security ».
Luc Frieden and Xavier Bettel should therefore not be satisfied with inaugurating a new museum and the renovated MS Princesse Marie-Astrid in Schengen on June 14th. You should complain against the disassembly of Schengen by Merz, Macron and Co. before the European Court of Justice.
