Italy has reinstated document checks on all air and sea travel between Italy and Spain, a temporary suspension of Schengen free movement that is expected to last for one month. The measure follows a massive influx of migrants into the Spanish enclave of Ceuta.
Scope of the Italian measures
- Airports and seaports: Since Italy and Spain share no land border, the checks apply only at Italian airports and seaports handling flights and ferries from Spain.
- Targeted checks: Border police will conduct “targeted, selective” verification of third‑country nationals arriving from Spain, confirming that they hold the documents required for movement within the EU.
- Duration: The re‑imposition of controls is authorised under Article 25a of the Schengen Borders Code, which permits a maximum of one month for each episode and a total of three months of checks without prior notification.
- Coordination with France: Interior Minister Matteo Piantedosi also agreed with his French counterpart, Laurent Nuñez, to reinforce controls along the Franco‑Italian land border under existing police‑cooperation agreements.
Ceuta crossing figures
- Numbers: Spain’s Interior Ministry reported roughly 50,000 people crossing from Morocco into Ceuta in a 24‑hour period; Ceuta’s president, Juan Jesús Vivas, put the figure at about 60,000.
- Casualties: The Spanish government confirmed at least 57 deaths, many from drowning and others crushed against the breakwater fence.
- Return flow: By 18:00 local time on Friday, an estimated 48,300 migrants had voluntarily returned to Morocco.
EU reaction
- Commission stance: The European Commission rejected Italy’s call to suspend Spain from the Schengen Area, emphasizing that Ceuta is subject to special rules that prevent onward movement to the mainland.
- Home Affairs Commissioner Magnus Brunner reiterated that no migrants had moved toward mainland Europe or other member states.
- President Ursula von der Leyen described the images from Ceuta as “unacceptable,” called for immediate cessation of dangerous crossings, and announced additional operational support through Frontex.
- Council President António Costa noted that third‑country nationals in Ceuta do not enjoy free movement to the rest of the Schengen zone.
Legal framework for temporary Schengen controls
- No expulsion mechanism: Schengen law contains no provision for expelling a member state; a state can only re‑impose internal checks.
- Article 25a allows a member state to re‑introduce border checks for up to one month when faced with an unforeseeable serious threat, provided the measure is notified simultaneously to the European Parliament, the Council, the Commission, and other member states.
- Current internal controls: Eight Schengen states—Austria, France, Germany, Italy, the Netherlands, Norway, Poland, and Sweden—are already operating re‑introduced internal controls. Italy’s checks on its Slovenian border, started in June, are scheduled to continue until December.
Spanish Supreme Court ruling and maritime barriers
- Ruling 814/2026 (issued 29 June, published 8 July) narrowed Spain’s “summary return” regime. The Court held that the legal provision for “rejection at the border” applies only when a physical barrier (e.g., a fence) is crossed; a maritime boundary does not qualify.
- Implication: Summary returns can be extended to sea arrivals only if Spain installs physical maritime barriers. The government plans to place a line of buoys near the Tarajal breakwater to create a visible maritime limit.
- Background: Since 2015, Spain’s Aliens Law allowed “rechazo en frontera” for migrants who overcome containment elements at Ceuta and Melilla. The Court’s decision underscores the need for tangible barriers beyond surveillance technology.
Reactions from other EU capitals
- Finland: Interior Minister Mari Rantanen called Spain’s failure to protect the external Schengen border “complete” and supported Italy’s proposal.
- Denmark: Prime Minister Mette Frederiksen urged the EU to consider all options, including suspension of Schengen cooperation.
- Sweden: Prime Minister Ulf Kristersson demanded swift action from Spain to meet its Schengen obligations.
- Austria: Chancellor Christian Stocker said Austria stands ready to close Schengen borders temporarily if migratory pressure reaches its territory.
- Netherlands: Foreign Minister Tom Berendsen described the situation as “worrying,” emphasizing reliance on Spain and Morocco to manage the external border.
- France: Already operating internal controls at all its borders (May 1 – Oct 31) and, following the Ceuta events, ordered strengthened checks on the Franco‑Italian frontier, activating its Rapid Intervention Border Force.
Practical impact for travelers
- Passengers traveling between Italy and Spain should be prepared to present valid identification for the duration of the one‑month measure.
- The checks will focus primarily on third‑country nationals; EU citizens are less likely to be subject to detailed scrutiny.
The episode highlights the tension between national security responses and the legal limits of the Schengen system, with Italy’s temporary controls reflecting a broader political push among several EU governments to tighten external border management.
Source article: www.imidaily.com
