EU challenges nine countries over Schengen checks

On 2 June 2026, the European Commission formally challenged nine Schengen countries over their internal border controls. In written opinions issued under the reformed Schengen Borders Code, it told Austria, Denmark, France, Germany, Italy, the Netherlands, Norway, Slovenia and Sweden that their internal passport checks may no longer be proportionate. The Commission’s central argument is that EES, the biometric entry and exit system that went fully operational on 10 April 2026, has addressed many of the border security gaps those countries originally cited. Despite the opinions, most of the nine are still running checks. Germany has since extended its controls to March 2027.

What did the Commission argue in its opinions?

Two facts anchor the Commission’s proportionality assessment. First, irregular crossings into the EU dropped by roughly 40% in the first months of 2026 compared with the same period a year earlier. Second, EES now runs at every Schengen external border, checking every non-EU visitor’s travel document and biometrics against EU security databases on every entry. That is a substantially stronger external border than existed when most of the nine countries first put their controls in place, and the Commission said so directly.

The opinions were not binding orders. Under the Schengen Borders Code as amended by the EU Council in May 2024, the Commission gained a formal role in assessing the necessity and proportionality of prolonged internal controls. It can issue an opinion; it cannot switch the checks off. Countries that receive one are expected to respond, either with a plan to phase down the measures or with an explanation of why they remain necessary.

Which borders are still being checked?

All nine countries remain active as of August 2026. Germany has controls at all nine of its land borders, now extended to mid-March 2027 after Interior Minister Alexander Dobrindt cited the Ceuta migrant crisis as a continuing justification. France checks crossings with Belgium, Germany, Spain, Italy, Luxembourg and Switzerland until October 2026. Austria has run checks at its borders with Slovenia and Hungary continuously since 2015. Denmark, Sweden and Norway are all checking crossings on their own borders, citing migration and security concerns.

What the checks involve at each crossing is covered in the Schengen internal controls guide. The short version: a border guard checks your passport or national identity card. No biometrics are taken. For the overwhelming majority of travellers, the check takes a minute or two and you move on. Busier road crossings on peak weekends can take longer.

Why are countries not complying with the Commission’s view?

Because the opinions carry no legal compulsion. A country that disagrees with the proportionality assessment simply says so and continues the controls. The only enforcement mechanism is a referral to the European Court of Justice, which takes years. In the meantime, the checks stay up.

Germany is the clearest case. Dobrindt’s response to the June opinion was an extension announcement, not a wind-down plan. France has also continued without publicly committing to any earlier end. In a separate legal action, the Commission had already brought Germany to court in January 2026 over a different measure: Germany’s formal closure of certain land borders to asylum seekers, which the Commission argued broke EU law outright. That case is proceeding through the courts and is distinct from the proportionality opinions.

Does this affect your Schengen trip?

For travellers, the practical picture is unchanged by the legal debate. Internal passport checks will run through the rest of 2026 and into 2027 in Germany, France and most of the other eight countries. Carry your physical passport for any land or rail crossing into Germany or France, and allow a little extra time on busy routes.

These checks are separate from EES. The EES registration you go through when you first arrive at a Schengen external border is a biometric enrolment against EU databases. Internal controls are national police document checks that happen inside the zone after you have already entered. They do not create an EES record and they do not count against your 90-day Schengen allowance.

ETIAS, expected in 2027, is also unconnected. It covers whether you are authorised to travel to Schengen in the first place, not what happens inside the zone once you arrive. No action is required yet. Applications are not open. The official EU site at travel-europe.europa.eu/etias will carry details when applications open. For the current status, see the ETIAS status page.