"It's illegal!" - Lawyers comment on checks at the border between Germany and Luxembourg
Imre Tömösvári, Unsplash
German Interior Minister Nancy Faeser announced the extension of border checks that continue to displease neighbours, including Luxembourg. The checks, originally intended to last six months, have become a serious obstacle for cross-border workers.
Luxembourg Interior Minister Leon Gloden has announced his intention to appeal Germany's actions to the EU Commission if the inspections continue. According to him, such measures undermine the Schengen system and contradict the judgements of the Court of Justice of the European Union (CJEU).
According to CJEU regulations, it is illegal to resume checks at internal borders without new grounds. Migration law expert Dr Constantin Hruschka notes that the EU Commission should have intervened long ago, but the lack of enforcement mechanisms allows Germany to continue these actions.
"I don't see how the EU Commission can recognise these checks as legitimate," Hruschka said.
Germany justifies the checks with efficiency: since October, 1,600 illegal carriers have been apprehended and 37,000 people have been refused entry. However, according to the police, this does not prevent repeated crossing attempts.
The situation is aggravated by the fact that in the absence of bilateral agreements with Germany, the police of neighbouring countries, including Luxembourg, often refuse to accept returned migrants, allowing them to continue their journey.
Luxembourg and Austria insist on the need to solve the problem through the reform of EU migration policy. However, without a clear position from the EU Commission, the situation remains in limbo.
