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 assessed whether the checks run by Austria, Denmark, France, Germany, Italy, the Netherlands, Norway, Slovenia and Sweden were necessary and proportionate, and recommended that all nine work towards phasing them out. It pointed to EES, the biometric entry and exit system that went fully operational on 10 April 2026, and the future ETIAS as tools that strengthen oversight of the external border. 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?

The Commission accepted that the countries had genuine and legitimate security and migration concerns, but argued that better alternatives exist. Non-systematic police checks, mobile biometric identification and vehicle tracking technology, it said, are effective substitutes for border controls, and most of the nine already use risk-based checks that could be replaced with relative ease.

The opinion on Germany shows the detail. It found that Germany’s notifications lacked a detailed risk assessment and did not explain why controls were needed at every land border without distinction. It noted that unauthorised crossings at the EU’s external borders fell by a quarter in 2025 compared with 2024, and said EES and ETIAS will further secure the external borders.

The opinions were not binding orders. Under the Schengen Borders Code as revised by Regulation (EU) 2024/1717, in force since July 2024, the Commission must give an opinion on the necessity and proportionality of controls prolonged beyond 12 months on the same grounds. It can issue an opinion; it cannot switch the checks off. It has said it will consult each country on how the opinions can best be put into practice.

Which borders are still being checked?

Eight of the nine still had controls notified in August 2026, according to the Commission’s list of notifications; Slovenia’s last notified period ended on 11 June. Germany has controls at all nine of its land borders, and on 18 August Interior Minister Alexander Dobrindt notified an extension to mid-March 2027, having first signalled it in late July after the Ceuta crisis. France checks crossings with Belgium, Germany, Spain, Italy, Luxembourg and Switzerland until the end of October 2026. Austria has notified checks at its borders with Slovenia and Hungary in every period since 2015. Denmark, Sweden and Norway are all checking crossings on their own borders, citing threats ranging from sabotage to organised crime and terrorism.

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 most travellers the check is brief 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 assessment can say so and continue the controls. The Commission’s main legal lever would be infringement proceedings, which are slow. In the meantime, the checks stay up.

Germany is the clearest case. Rather than a wind-down plan, its interior minister announced on 31 July that the controls would continue beyond September. France has also continued without publicly committing to any earlier end.

Does this affect your Schengen trip?

For travellers, the practical picture is unchanged by the legal debate. Internal passport checks are notified into 2027 in Germany and to the end of October in France, and most of the others have renewed theirs repeatedly. 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, which press reporting on EU planning places 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.