PiS MEP Kosma Złotowski submitted a question to the European Commission regarding the legitimacy and economic consequences of Germany’s introduction of border controls.
The Polish politician stated that Germany’s decision to introduce border controls violates the civil rights and economic freedoms guaranteed by the Treaties. Although he noted that, in principle, the Treaties allow for restrictions on the exercise of these rights for justified reasons, he emphasized that the measures taken must be proportionate. At the same time, he emphasized that Germany’s decision to introduce border controls does not meet this condition. In this context, he referred to Article 18 of the TFEU, which states that a right closely linked to the status of an EU citizen is the right not to be discriminated against on grounds of nationality. He also cited the related Article 20 TFEU, which establishes the right to move and reside freely within the territory of the Member States. He also referred to Directive 2004/38/EC, which regulates the freedom of movement and residence within the territories of other Member States.
In light of the above, Kosma Złotowski asked whether, in the Commission’s view, the introduction, effective September 16, 2024, for a minimum of six months at all of Germany’s land borders is consistent with the EU Treaties and whether, at the same time, it constitutes a violation of the fundamental principle underlying the Schengen Area and EU citizenship, namely the free movement of persons. “Does the Commission have the authority to respond to member states reinstating border controls?” the PiS politician asked.
The MEP also asked what economic consequences the German government’s decision would have, particularly in sectors such as international road transport of passengers and goods, the functioning of which could be significantly disrupted.
“Is the Commission aware that the border controls with Poland introduced by Germany have been in place for nearly a year?” the MEP asked. Kosma Złotowski also wanted to know whether, in the Commission’s view, maintaining such controls for such a long period is consistent with the principle of proportionality, and for how long, at most, a member state may maintain border controls while remaining in compliance with European law.
