PiS MEP Kosma Złotowski has submitted an inquiry to the European Commission into the justification and economic effects of Germany’s introduction of border controls.
The Polish politician stated that Germany’s decision to introduce border controls violates civil rights and economic freedoms guaranteed in the Treaties. While noting that, as a rule, the Treaties allow for just cause to limit the exercise of this right, he noted that the measures taken must be proportionate. At the same time, he stressed that Germany’s decision to introduce border controls did not meet this condition. In this context, he referred to Art. 18 TFEU, which states that a right closely related to the status of EU citizen is the right not to be discriminated against on grounds of nationality. He also cited the related Art. 20 TFEU, which provides for the right to move and reside freely within the territory of the Member States. He also referred to Directive 2004/38/EC, which regulates freedom of movement and residence in the territories of other Member States.
Operating rules of the Schengen area
In connection with the above, Kosma Złotowski asked whether, in the Commission’s view, the introduction of controls at all land borders of Germany from 16 September 2024 for a minimum period of six months is consistent with the EU Treaties and whether it is not a violation of the basic principle of the functioning of the Schengen area and EU citizenship, which is the freedom of movement of persons.
Will the Commission have powers to react to countries reintroducing border controls?
– asked the PiS politician.
The MEP also asked about the economic consequences of the German government’s decision, especially in sectors such as international road transport of people and goods, whose operations could be significantly disrupted.
Is the Commission aware that the border controls with Poland introduced by Germany have been in force for almost a year?
– asked the MEP.
Kosma Złotowski also wanted to know whether maintaining control for such a long period is, in the Commission’s view, consistent with the principle of proportionality and with the maximum period for which a Member State can maintain border control, so that it remains consistent with European law.
The decision to reinstate temporary controls at all German land borders from 16 September puts the issue of migration back on the EU agenda just a few months after an agreement was reached on the issue. We expect a swift response from the European Commission to the measures taken by Law and Justice MEP Kosma Złotowski, although they must be taken by the Polish government led by Donald Tusk, which is not reacting on this issue.
READ MORE:
— “Bild”: Several thousand people returned to Poland from the German border. Crowds of illegal migrants could come to us every month!
— PiS MPs on Scholz’s actions. Przydacz: In times of crisis, Germans isolate themselves, close their borders and leave others in trouble
— Berlin’s new policy, i.e. border controls and the return of migrants. “Die Welt” warns: This threatens a serious conflict with Poland
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