Experts express doubts about the legality of the extension of border controls

Anyone currently entering Germany must expect checks at some borders . According to Federal Interior Minister Alexander Dobrindt (CSU), this will remain the case after September 15. " We will continue to maintain border controls ," he said on the " Table.Today " podcast . However, legal experts view this with skepticism and question its legality .

Border controls: High hurdles in the Schengen area

Freedom of movement generally applies within the Schengen Area : internal borders may be crossed without personal checks, regardless of nationality. A temporary reintroduction of controls is only permissible if public order or internal security is seriously threatened – for example, by terrorist incidents or exceptional migratory movements. These controls may only be used as a last resort , for a maximum of six months, with the possibility of subsequent extension. The prerequisite is information from the EU Commission, which will review the necessity. Migration expert Constantin Hruschka emphasizes: "The high hurdles have not been met – the extension is clearly unlawful."

Between politics and jurisprudence

Dobrindt's predecessor, Nancy Faeser (SPD), had already introduced border controls and extended them several times. Critics complain that these exceptions have long since become permanent. Hruschka considers the argument that the controls have been effective to be inadmissible: "If migration numbers decrease and the threat situation disappears, the controls must end." Legal scholar Winfried Kluth also expresses doubts, but emphasizes that no written explanation has yet been provided by the federal government. Rulings such as the one by the Bavarian Administrative Court in March 2025, which classified controls at the border with Austria as unlawful , have so far had no political consequences.

Little pressure from Brussels despite illegal border controls

The EU Commission is legally responsible for the review. However, it has not yet initiated any infringement proceedings. "As long as the Commission does not take action, the member states have nothing to fear," said Kluth. The political reluctance could have strategic reasons: The EU wants to keep pressure on migration policy to a minimum until the new Common European Asylum System (CEAS) comes into force.

Conclusion on the legality of border controls in the Schengen area

Although experts have considerable doubts about the legality of extending border controls, the German government is currently not facing any consequences. The dispute highlights the tension between political action and the legal requirements of the Schengen area. For travelers, the situation remains unchanged for the time being – anyone entering Germany must continue to expect checks at certain borders.