The Schengen Code lays down the common rules governing the management of internal and external EU borders, including rules and procedures concerning the exceptional introduction of border checks at internal borders.
There are three cases in which Member States can introduce temporary border checks at their internal borders on grounds of a serious threat to public policy or internal security:
(1) in the case of a foreseeable threat (e.g. a special event such as a sporting competition);
(2) in the case of an immediate threat; and
(3) in the situation of persistent serious deficiencies relating to external borders.
Foreseeable threat to public policy or internal security
According to Article 25 of the Schengen Code, a Member State can reintroduce exceptional border controls at all or specific parts of its internal borders if there is a serious threat to public policy or internal security. Any such measures should be exceptional, temporary and proportionate. If the serious threat to public policy or internal security in the Member State concerned persists, the period can be prolonged by renewable periods of 30 days, up to a maximum six months. The Member State concerned must notify the Commission and the other Member States at least four weeks before taking action, unless the circumstances giving rise to the measures arise within a shorter timeframe. The notification must specify the reasons, scope and duration of the measures. The information must also be submitted to the European Parliament and the Council. The Commission is supposed to issue an opinion after consulting the other Member States.
Immediate threat to public policy or internal security
Under Article 28 of the Code, a Member State can introduce immediate border controls at internal borders if there is a serious threat to public policy or internal security. This measure must be exceptional and is to be limited to up to ten days. If the serious threat to public policy or internal security persists, the period may be prolonged by renewable periods of 20 days, up to maximum of two months. The Member State concerned must notify the Commission and the other Member States immediately, providing information about the reasons, scope and duration of the measures. The Commission must inform the European Parliament immediately and, after consulting the other Member States, should issue an opinion.
Persistent serious deficiencies relating to external border control
Under Article 29 of the Code, a Member State may introduce temporary border checks at internal borders when there are persistent serious deficiencies in the external border management of a Member State, as demonstrated during a Schengen evaluation. This period could be prolonged up to three times if the exceptional circumstances persist, up to a limit of maximum two years.
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