EU Criticises Germany Over Border Controls: Legal, Travel, and Residency Implications for Expats

Germany is facing renewed criticism from the European Union after reintroducing and extending temporary border controls at internal EU and Schengen borders, which is considered to be unconventional within the passport-free Schengen Area. Magnus Brunner, the EU Commissioner for Home Affairs, has appealed to the German government to cease these border control checks.

If you’re an expat or visa holder who frequently travels within Europe, you’ll need to be aware of how these border checks will impact your travel. The German government has recently extended these border controls through to March 15^th, 2026, the maximum duration they can be in place under current EU law without requiring re-notification.

Germany Introduces Temporary Border Controls in the Schengen Area

In September 2024, Germany reintroduced controls across all nine of its land borders as a result of security concerns, smuggling, and irregular migration. These temporary border controls include random ID and document checks on transport routes, including on buses and trains. It’s estimated that these border control measures cost over €80 million in the first 9 months of their introduction.

Criticism from the European Union for Germany’s Increased Border Controls                                                                   

Magnus Brunner, the EU Commissioner for Home Affairs, has been one of the loudest critics of Germany’s temporary border controls. He’s repeatedly called for an end to internal border controls, emphasising the fact that they were introduced as temporary measures, designed to be time-limited in response to specific threats. 

The EU’s criticism comes from the Schengen Borders Code, which states that internal border checks within the passport-free area should only be introduced under strict and temporary conditions. It also states that such checks should only be introduced in response to social and legal concerns to preserve the integrity of freedom of movement.

The Legal Framework: What EU Law Actually Allows

Article 22 of the Schengen Borders Code states that internal borders must normally be open without checks. However, border controls can be reintroduced temporarily if there are serious threats identified to internal security or public policy. These border checks must be justified, proportionate, and time-limited. Recent years have seen an ongoing debate about the legality of these requirements, with a rise in legal complaints and petitions at the European Parliament.

How This Affects Freedom of Movement for Expats in Germany

Resident visa holders in Germany, including those from Australia, Canada, and the UK, continue to be entitled to freedom of movement within the Schengen area for short stays and to travel to neighbouring countries without border checks “in normal times”. The expanded border checks under these temporary measures mean that visa holders should be prepared to be asked about ID and documentation when re-entering Germany.

It's important to remember that these border control measures are not intended to prevent legal travel, but they have created uncertainty and delays. It’s a good idea to carry your passport, visa card, and proof of your German address and health insurance when travelling, along with the contact details for your immigration lawyer.

Most expats in Germany will not feel any impact of these border control measures. However, it’s worth taking extra precautions and expect checks on trains from Austria, Czechia, France, Poland, and Switzerland, and on coaches near border crossings.

Are you an expat living in Germany or looking for an immigration lawyer in Berlin? You can explore our blog for more advice on applying for a work visa or book a virtual appointment with a VISAGUARD lawyer for advice on your immigration journey.