Italy sparked a serious debate yesterday after announcing that it wants to temporarily close the Schengen area to Spain after tens of thousands of migrants entered the Spanish enclave of Ceuta from Morocco bordering that country and thus de facto ended up in the Schengen area of free movement.
But is it even possible for Spain to be excluded from Schengen? Some European governments and political forces have supported the idea, but this is not actually possible.
What is the Schengen area?
It is one of the most concrete achievements of the European Union – a free movement area in which border controls for travelers have been abolished.
This area is being built gradually. The beginning was made in 1985. But the first real abolition of border controls came into effect in 1995 between Belgium, Germany, Spain, France, Luxembourg, the Netherlands and Portugal.
In practice, within this area, both EU citizens and third-country nationals can travel freely without being subject to internal border checks.
Schengen currently includes 29 countries: all EU member states (except Cyprus and Ireland), as well as Iceland, Liechtenstein, Norway and Switzerland.
Can a country be excluded from the Schengen area?
Yesterday, Italy asked for Spain to be temporarily suspended from Schengen, condemning the “shocking footage“ of migrants arriving from Morocco in the Spanish enclave of Ceuta. Spain described the proposal as demagogic and summoned the Italian ambassador in protest. Today, however, Finland and Denmark supported it.
The Finnish interior minister said that "countries that do not fulfil their obligation to protect the external border cannot be members of Schengen".
Danish Prime Minister Mette Frederiksen said the EU should consider temporarily suspending Spain from the Schengen area after thousands of migrants illegally entered the Spanish enclave of Ceuta from Morocco in recent days. "It goes without saying that the EU must immediately take all necessary measures and consider all options, including temporarily suspending Schengen cooperation. Uncontrolled migration poses a threat to Europe and to Denmark," Frederiksen said in a statement sent to AFP. Describing the footage from Ceuta as "shocking", Frederiksen indicated that she had already spoken to her Italian colleague Giorgia Meloni, who was the first to suggest yesterday that Spain be suspended from the Schengen area. "We are bringing together European leaders to discuss the situation", Frederiksen added.
However, such a measure is not provided for in European law.
"The Schengen system does not contain such a provision. One country cannot unilaterally exclude another", explains Marie-Laure Basilien-Genche, a law professor at the University of Lyon 3, to Agence France-Presse.
What is actually possible?
Although the exclusion of a country from Schengen is not possible, each member state can temporarily and exceptionally reintroduce border controls. The conditions for this are described in detail in the Schengen Code. Such checks can be introduced in the event of a "serious threat to internal security or public order". Examples cited include terrorism, organised crime and public health emergencies such as the Covid-19 pandemic. There is also mention of “sudden, large-scale and irregular movements of third-country nationals between Member States“, when they could jeopardise the normal functioning of the area without internal border controls.
In this regard, French President Emmanuel Macron has asked the French Interior Minister to “reinforce controls on the border with Spain“, according to his entourage.
“But there is no internal land border between Italy and Spain, and even less between Spain and Finland“, emphasizes Marie-Laure Basilien-Gensch.
What is Brussels' position?
European Commission President Ursula von der Leyen described the Ceuta figures as “unacceptable“. But the Italian proposal was categorically rejected in Brussels. Von der Leyen said the EC was in contact with Morocco to resolve the migration crisis in the enclave of Ceuta.
A European official, contacted by AFP for comment, said the EC "understands the concerns of some governments" but stressed that the main priority is "strengthening security at the EU's external borders."
The EU also stresses that the current crisis specifically affects the Spanish enclave of Ceuta, located on the African continent. Additional checks are needed to reach the European mainland, and so far there has been no movement of migrants towards the rest of Europe.
“We are not talking about people landing in Spain and just walking to France,” said the EU official, who requested anonymity.