Drawing borders across Europe

Since the beginning of this year, more than 50,000 immigrants landed on the Italian island of Lampedusa. Compare this to just over 1,500 persons who were landed in Malta and you will immediately realise where the immigrants wanted to go.

If the EU means anything to citizens, it means a border-free space- Simon Busuttil

The situation in Lampedusa remains tense. But earlier this year, it hit the European headlines when Italy issued residence permits to some 20,000 Tunisian nationals who had reached the island. Being francophone, the Tunisians travelled north to the French border prompting the French authorities to reintroduce border controls with Italy.

When this incident took place my gut reaction was that both Italy and France had got it wrong.

Italy should have returned the Tunisians to their own country instead of granting them permits (Tunisia is now a free and safe country).

And France should not have re-introduced border controls with Italy because there are no internal borders between Schengen countries. Surely, a few hundred Tunisians cannot constitute a national emergency for a country of 60 million like France.

So how can borders be re-erected in the borderless “Schengen zone” where free movement is guaranteed?

Weren’t internal borders in Europe a thing of the past?

It is precisely these questions that are currently up for debate.

Last June, EU countries called on the European Commission to clarify when and how internal borders may be exceptionally reintroduced.

The Commission responded a few days ago. However, rather than leaving it in the hands of individual countries, it said that this exceptional decision should be taken at European level.

The proposals make interesting reading and some issues ought to be clarified.

For instance, the proposals are not about external borders but about internal borders. The difference may escape islanders like us because the sea divides us from the continent. But it is significant and it can be best understood when considering land borders between Schengen countries.

To date, the control of external borders remains a matter of national competence and the European Commission is not proposing to change this.

Rather, this proposal is about internal borders among countries that are part of the border-free Schengen zone.

The Commission envisages four typical cases where internal Schengen borders may be exceptionally reintroduced.

The first is in the case of major events, such as major sports events or political summit meetings that may warrant heightened security precautions. In this case, the Schengen country concerned may notify the European Commission which will authorise the reintroduction of internal borders on a temporary basis. Simple enough.

The second case relates to unforeseen events, such as a terrorist attack, where border controls might need to be urgently reintroduced for security reasons. Take the recent bombings in Norway which prompted this country (itself a Schengen country) to reintroduce internal borders with Sweden on a temporary basis.

In this case, the Commission is proposing that the country concerned proceeds to impose controls for up to five days and then notifies the Commission which, in turn, would decide whether there is a case to extend it.

The third case relates to a situation where a particular country proves unable to protect its external borders despite EU support. Picture Greece. If, despite EU financial and technical support, its external borders remain deficient, then the possibility of reintroducing internal borders with that country can now be a possibility. Again this decision can only be prompted by the Commission, by way of sanction – effectively a temporary suspension from the Schengen zone.

The fourth case relates to a situation where a large number of third country nationals (immigrants) cross from one Schengen country to another – as with the Tunisians moving into France earlier this year.

To date, in such cases, it was up to individual countries to determine whether to impose internal border controls with other Schengen countries. But the Commission now wants this to be a European decision and is proposing that the country concerned should first seek authorisation from Brussels.

This means that it would be unlikely for France to reimpose border controls unilaterally in situations such as its incident with Italy earlier this year.

So, in essence, the Commission is attempting to “Europeanise” decisions that would affect the reintroduction of internal borders within Schengen, rather than leaving it to individual countries acting on their own.

Little surprise, therefore, that its proposals were met with an angry reaction from some countries that accused it of seeking to give itself new powers at the expense of their “national sovereignty”.

Understandable wrath. But I do not share it.

For if the European Union (and Schengen more specifically) means anything to citizens, it means a border-free space in which you can enjoy total free movement. This is a right given to you by the EU and as such it should not be taken away from you by any individual country acting unilaterally. Otherwise your EU rights will depend on the national judgement (and interest) of individual countries that may decide to keep you out. An EU right can, therefore, only be taken away by an EU decision.

www.simonbusuttil.eu

Dr Busuttil is a Nationalist member of the European Parliament.