Germany Extends Border Controls Amid Legal Dispute

German Interior Minister Alexander Dobrindt has confirmed that border controls will continue past the previously planned end date of September 15, with no fixed timeline for their removal. The checks, which have been in place along several internal EU borders, including the German-Danish and German-Austrian crossings, are intended to reduce irregular migration. They include the power for federal police to turn back asylum seekers at land borders, a practice that critics say is incompatible with EU asylum law.

The current approach expands on measures introduced by Dobrindt’s predecessor, Nancy Faeser, and has been reinforced with additional federal police personnel. At the German-Danish border, travelers should expect occasional traffic delays and be prepared to present identification. For EU citizens, a valid ID card is sufficient, but authorities recommend having documents ready to speed up processing. These controls are applied flexibly in terms of location and timing, depending on operational assessments.

Legal doubts over compliance with Schengen rules

While Dobrindt argues that the policy is necessary until the EU’s external border protection is fully operational, legal experts question whether the extensions meet the strict conditions set out in the Schengen Borders Code. Article 22 of the code guarantees freedom of movement within the Schengen Area without routine checks, with exceptions allowed only under specific, temporary circumstances.

According to Article 25, controls can be reinstated for up to six months if there is a serious threat to public order or internal security. This may include exceptional migration surges, but such measures must be the last resort and proportionate. Migration law specialist Constantin Hruschka warns that the current situation does not meet these criteria, calling the continuation of checks “clearly unlawful.” Constitutional law professor Winfried Kluth also notes “considerable doubts” about the legal basis, citing a March ruling by the Bavarian Administrative Court that found certain border checks between Austria and Bavaria to be illegal.

EU inaction and enforcement gaps

Despite court rulings, there has been little pushback from Brussels. The European Commission is responsible for monitoring compliance with EU treaties, including Schengen rules, but has not initiated infringement proceedings against Germany or other member states that have maintained prolonged border controls. Hruschka criticizes this inaction, suggesting that political considerations, such as avoiding conflict over migration policy, have influenced the Commission’s reluctance to act.

Kluth points out that without EU-level enforcement, national governments face no immediate consequences for continuing practices deemed unlawful by domestic courts. While the Commission could impose fines, it has so far refrained from doing so. Both experts note that a ruling from the European Court of Justice on the legality of German border controls is unlikely unless domestic courts refer the matter, something Kluth doubts will happen given current judicial interpretations.

Political context and public messaging

Dobrindt frames the policy as part of a broader strategy to deter irregular migration, stating that “those who cannot stay should not come in the first place.” He insists the controls are temporary, but his language signals that they will remain until broader EU migration reforms, such as the implementation of the Common European Asylum System (GEAS), are in place.

Critics counter that the measures risk normalizing border checks within the Schengen Area, undermining one of the EU’s core principles. They argue that continued controls without clear evidence of a present and serious threat set a precedent for other member states to follow suit. For now, travelers can expect the checks — and the debate around their legality — to continue well beyond September.