Friday, November 6, the French Home Office announces the temporary closure of borders.
This exceptional and temporary measure is related to the holding of COP21, the UN climate conference, which will take place in Paris, from November 30 to December 11.
The French Home Office said to the AFP that the border controls will be restored from November 13 to December 13. This measure is not a suspension of the Schengen agreements. Still according to the French Home Office, this decision is unconnected to the migrants crisis.
So, is this measure a violation of Schengen agreements ?
In fact, no. A safeguard clause included in Article 2.2 of the Schengen Convention, permits states to temporarily restore border controls under exceptional circumstances .
The Schengen borders code of 2006 authorizes border controls in 4 cases :
- In case of serious threats for the public order and homeland security, for up to 6 months.
- To deal with unforeseen events (5 days maximum).
- The possibility of restoring the borders up to twenty- four months in “exceptional circumstances” , including a serious failure in the control of external borders .
- Besides that, the article 78 of the functioning of the Treaty on European Union (TFEU) allows “provisional measures” in case “one or more member states are in an emergency situation characterized by a sudden inflow of nationals of third countries “.
France is particularly worried about border controls since the attack of Charlie Hebdo, in the beginning of the year.
Pablo Agnan, IEJ 3e, Groupe 1.