Italy and Spain reintroduce border controls amid Ceuta migration fears

Italy has reintroduced temporary border controls with Spain, citing concerns over possible secondary movements of migrants who arrived in the Spanish enclave of Ceuta at the end of July. The controls, which apply to air and sea borders, began on 1 August and have been extended until at least 15 October. Spain responded by introducing similar controls on its air and sea borders with Italy.

Italian Foreign Affairs Minister Antonio Tajani defended the move, stating, “This is not against Spain,” and adding, “we have a duty to protect our borders.” The Italian government, led by Giorgia Meloni, fears that migrants who reached Ceuta could travel onward to the European continent, including Italy.

Legal framework under scrutiny

Under the Schengen Borders Code, EU countries cannot simply reintroduce border controls whenever they wish. The Schengen area is based on the principle of free movement, with no checks at internal borders. However, a country may temporarily reintroduce controls if it faces a serious threat to public policy or internal security, as a measure of last resort. Initially, controls can last up to 30 days and may be extended under certain conditions. Italy has already extended its measure, which has been in place for more than two months.

The European Commission has said it is currently assessing the situation. Brussels-based organisation The Good Lobby has filed a complaint with the Commission, arguing that Italy is violating Schengen rules. Alberto Alemanno, who filed the complaint, contends that no security threat justifies the controls because none of the migrants who arrived in Ceuta have been transferred to Italy. He also points out that people travelling from Ceuta to mainland Spain are already subject to identity checks. According to Alemanno, Italy’s justification does not meet the conditions of the Schengen Borders Code.

Wider trend of temporary controls

In recent months, around ten EU countries have reported temporary controls on some internal borders. Austria notified the Commission of controls in September, citing the Ceuta situation among several reasons. Austria’s controls concern land borders with Slovakia, the Czech Republic, Hungary, and Slovenia, but do not include checks on passengers arriving by air from Spain. Germany has invoked the same Schengen exception, introducing controls on land borders with all its neighbours. Not every border crossing is closed, and not every traveller is systematically checked, but German authorities can carry out checks, including spot checks, at those borders. Germany’s main justification is continued migratory pressure, alongside other security concerns.

Commission’s cautious approach

For now, the European Commission is largely allowing these measures to continue. In June, it published an assessment of temporary border controls in nine EU countries, including Germany, Austria, and Italy. The Commission did not formally declare the controls illegal but called on countries to work towards lifting them, arguing that the EU has put in place measures to address the risks invoked, such as the new Migration and Asylum Pact and new rules on entry and border management. The bigger question remains how long temporary border controls can remain before they stop being an exception to Schengen and become the new normal.