Schengen in the Balance: The Limits of Temporary Border Controls

The Schengen Borders Code permits member states to reinstate border controls only as a measure of last resort when facing a serious threat to public policy or internal security. Initially limited to 30 days, these exceptions can be extended under specific conditions. Italy’s current restrictions, now entering their third month, have prompted a formal complaint from The Good Lobby. Alberto Alemanno, who filed the challenge, contends that the justification is flawed because no migrants from the Ceuta influx have reached Italy, and existing transit checks already mitigate potential risks.

Italy is far from an outlier in this trend. Nearly a dozen EU nations have notified the European Commission of temporary internal border controls in recent months. Germany, for instance, has implemented spot checks across its land borders, citing ongoing migration pressure. While the Commission has formally requested that member states work toward lifting these restrictions, it has stopped short of declaring the current practices illegal. As more nations normalize these "temporary" measures, the integrity of the borderless Schengen zone faces a deepening structural challenge.