The migration crisis unleashed in Ceuta has opened an unprecedented diplomatic front between Spain and Italy and has placed on the table a scenario that, until just a few days ago, seemed unlikely: the temporary reestablishment of border controls between two countries that are part of the Schengen area.
Although the Government of Giorgia Meloni even proposed the suspension of free movement with Spain as a response to the massive arrival of migrants to Ceuta, the Italian Executive has subsequently softened the scope of the measure. The Ministry of the Interior clarified this Friday that controls at ports and airports on travelers from Spain will be random and will only affect citizens of third countries, that is, people who do not belong to the European Union.
The clarification considerably reduces the practical impact for the vast majority of travelers, although it keeps alive concern about the political precedent that resorting to the mechanisms provided for in the Schengen Borders Code would entail.
Can a country suspend Schengen with another Member State?
Although in the public debate there has been talk of “suspending Spain from the Schengen area”, legally that expression is not exact. No Member State can unilaterally expel another from the Schengen area.
What the Schengen Borders Code does allow is for a country to temporarily reestablish controls at its internal borders when it considers that there is a serious threat to public order or internal security. This is an exceptional measure, limited in time and subject to community rules.
This mechanism has already been used on other occasions by different European States during migration crises, terrorist attacks or major international events.
What would change for those traveling between Spain and Italy?
If Italy were to fully apply these controls, free movement without verifications between the two countries would temporarily disappear. In practice, those traveling by plane or ship could once again encounter documentary checks upon arrival or before boarding, which would foreseeably increase waiting times at airports and ports.
However, following the rectification announced by Rome, these controls will not be systematic for all travelers. The Italian authorities have specified that the inspections will be selective and will be aimed only at non-EU citizens arriving from Spain. Spanish, Italian and citizens of the rest of the European Union will continue to be able to travel normally, although they may be subject to specific identity checks, as permitted by community regulations.
Freight transport would hardly be affected
Unlike what happens with people, the eventual reintroduction of border controls would not mean the reestablishment of trade barriers between both countries.
Spain and Italy continue to be part of the European single market and the customs union, so goods would continue to circulate without tariffs. However, an increase in inspections could generate logistical delays, especially in maritime transport and in certain port operations if the authorities increased security controls.
Transport experts recall that, as there is no land border between Spain and Italy, the economic impact would foreseeably be less than that produced by a similar measure between neighboring countries such as France, Germany or Austria.
A highly political measure
Beyond its practical effects, Italy’s announcement has an important political dimension. The proposal was interpreted by the Spanish Government as diplomatic pressure in the midst of managing the migration crisis in Ceuta. In fact, the Minister of Foreign Affairs, José Manuel Albares, summoned the Italian ambassador to convey the Executive’s discomfort over some statements that he considered “inappropriate.”
Subsequently, the President of the Government, Pedro Sánchez, publicly reproached the criticism coming from Rome and defended that the response to irregular immigration must be addressed through European cooperation and not through unilateral decisions that question one of the fundamental pillars of community integration.
A mechanism provided for exceptional situations
The episode has also served to remind us that the Schengen area does not imply the definitive disappearance of internal borders, but rather the ordinary elimination of controls between the participating States.
European legislation provides that these controls can be temporarily reestablished when there are serious threats to security or public order, always under criteria of necessity and proportionality and for a limited duration. In the last decade, several countries have resorted to this possibility for reasons related to immigration, terrorism or highly relevant international events.
In this context, the clarification made by Italy reduces the immediate scope of the announced restrictions, but keeps open a political debate on the management of the external borders of the European Union and on the use of the instruments offered by Schengen in situations of extraordinary migratory pressure.
