Germany Reintroduces Border Checks Amid Public Concerns

On Monday morning, German border police were fully prepared to initiate passport checks at all land borders. Anticipating long queues, particularly in northern and western Germany, transport companies and daily commuters braced themselves for extensive waiting times. The decision to reinstate these border checks has left many questioning the rationale behind Germany’s move, especially after years of enjoying the freedom of movement — a cornerstone of the European Union.

According to migration expert Svenja Niederfranke from the German Council on Foreign Relations, “The German government aims to demonstrate proactive measures, particularly with upcoming elections on the horizon, making this political signaling crucial. It conveys a message of regaining control over our borders.”

The backdrop for this policy shift includes a series of tragic knife attacks by migrants in recent months, which have ignited public outrage. These incidents are believed to have significantly contributed to the surge of anti-migrant sentiments, benefiting far-right and far-left parties in recent state elections in eastern Germany. With the third state, Brandenburg, preparing for elections in less than a week, current surveys indicate that security concerns dominate voters’ priorities. Additionally, a federal election is scheduled for next year.

Last week, Interior Minister Nancy Faeser extended existing passport checks — already implemented at borders with Austria, Poland, Switzerland, and the Czech Republic — to Germany’s land crossings with France, Denmark, Luxembourg, the Netherlands, and Belgium.

Are These Checks Likely to Be Effective?

Niederfranke noted that research typically shows that border checks tend to apprehend minor offenders rather than major criminals. “Smugglers are often aware of border checks and will find alternative routes,” she explained. For instance, following a recent knife attack at the Solingen Festival of Diversity, where three individuals were killed and eight others injured, the Syrian-born suspect was flagged for deportation to Bulgaria last year but evaded authorities during the attempted removal.

She cautioned that the introduction of these checks could have numerous negative repercussions, especially as the EU’s Schengen zone is built on principles of free movement across external borders. Commuters and transport businesses will likely bear the brunt of delays caused by prolonged border checks. “People who rely on cross-border travel for work or transport will find it extremely frustrating to face daily delays at border control,” she added.

Legal experts are also investigating the potential for turning asylum seekers away at the German border, assessing its legality under EU law.

Operational Costs and Staffing Challenges

Niederfranke highlighted that the financial and human resources required to implement these border checks will be substantial. The federal police may need to reallocate officers, despite existing personnel shortages. A police union has called for an additional 5,000 officers to manage this task. “The financial implications of establishing the necessary infrastructure and deploying police personnel are significant,” she remarked.

Will There Be a Political Price to Pay?

Germany’s decision to reinstate these border checks has drawn sharp criticism from Poland, Greece, and Austria, raising concerns about the potential destabilization of the EU. While Austria has vocally condemned the actions, it is worth noting that border controls between Austria and Germany have been in place for years, suggesting a complex political landscape influenced by upcoming elections in Austria.

Conversely, Hungary’s Prime Minister Viktor Orban has praised Germany’s decision, interpreting it as an alignment with his own border control policies — a perspective that may not reflect the German government’s intentions.

Niederfranke pointed out that EU officials are likely expressing dissatisfaction with Germany’s shift in policy. “Germany has traditionally been a progressive voice in discussions surrounding the new pact and the reform of the European asylum system, but this recent move appears to contradict that stance,” she said.

Could the EU Block These Controls and Take Germany to Court?

Niederfranke explained that the European Commission typically opposes member states reintroducing temporary border controls, as it undermines the foundational principles of the EU and the Schengen Zone. The recent border checks have been framed as a “last resort” against terrorism rather than migration, which may complicate the EU’s response. “Specific regulations govern when a member state can enact temporary border controls,” she noted. “Now, however, there is a stronger basis for arguing in favor of such measures, which could potentially extend the duration of these checks.”

To justify these border checks, member states must demonstrate a serious threat to public order or security. Although the Commission may view these controls as unlawful, it is uncertain whether they would take Germany to court, especially given past instances where member states have implemented similar internal border controls.

“Even if the Commission believes the actions are unlawful, the decision to pursue legal action would depend on broader political considerations,” Niederfranke concluded. With asylum applications declining by 20% compared to last year, it may be challenging for Germany to argue that such measures are essential as a last resort.

Understanding the Asylum Process

One common misconception about the asylum process involves the Dublin regulations. Niederfranke clarified that asylum seekers often traverse multiple EU states before applying for asylum, whether in an EU country or elsewhere, such as the UK.

Upon application, individuals are subjected to various inquiries, such as whether they are unaccompanied minors, if they have close family in another member state, or if a spouse has applied for asylum in another country. If any of these conditions apply, that member state assumes responsibility. If none apply, the country where the individual was first registered — typically through fingerprinting — becomes responsible for their claim.

“Many individuals may not be registered in Italy or Greece and could arrive in countries like Austria without any prior family ties or visa history,” she added. “The Dublin system is complex, but it remains true that countries bordering external EU borders handle the majority of asylum claims.”

This year, the EU reformed its asylum system, mandating that member states accepting fewer asylum seekers contribute in alternative ways. They can either relocate individuals from countries like Italy, pay €20,000 for each rejected asylum seeker, or finance operational support. This reform, known as the New Pact on Migration and Asylum, seeks to ensure equitable distribution of responsibilities across all member states.