German border controls violate Schengen agreement, German court rules

Germany’s border controls violate the European Union’s Schengen Agreement, the court in Koblenz, Germany, ruled. According to the judge, the controls restrict the free movement of persons, which the Schengen treaty ensures, NOS reports. Dutch border towns have long spoken out against these controls.

The case was brought by a professor of criminal law who was checked at the border when trying to enter Germany from Luxembourg. Ironically, he was on his way home after attending the celebration of the Schengen Agreement’s 40th anniversary.

The Schengen Agreement provides exceptions for border controls when a country’s public order or domestic security is at stake. The German government argued that this was currently the cause because too many migrants are entering the country, including people who have committed criminal offenses, and the authorities can’t handle the influx.

But the court ruled in the professor’s favor. According to the judge, the government’s substantiation is too vague, and it has not demonstrated that there is insufficient reception capacity or that the authorities can’t handle the influx of asylum seekers. It is therefore unclear why Germany should get an exception to the Schengen Agreement.

The Merz government does not intend to end the controls after the court’s ruling. According to the government, this ruling only pertains to the professor’s specific case, and not to the border controls in general. The government is appealing against the ruling and will take no further action at this time.

Germany implemented the border controls two years ago. Dutch border municipalities have frequently spoken out against them, saying that the checks cause traffic jams and accidents. Mayor Hubert Bruls of Nijmegen called to end the checks after a fatal collision this weekend. His colleague Mark Boumans did the same after a multi-car pile-up in March.