How does the suspension of the Schengen Agreement on free movement work, and what are the consequences for travelers?

For millions of people in Europe, crossing an internal border has become an almost imperceptible act: one boards a train, takes a motorway, or flies to another country without necessarily encountering border controls. This is one of the most tangible effects of the Schengen area, the system that has progressively reduced controls at the internal borders between participating States.

However, free movement is not without exceptions. In certain circumstances, controls may temporarily be reinstated. This does not mean the cancellation of the Schengen Agreement or a country's withdrawal from the area, but rather the application of an extraordinary procedure provided for by the rules established by the participating countries.

Understanding how this possibility works is particularly important for people who travel frequently for work, study, or tourism, as well as for those who need to plan journeys between different countries belonging to the Schengen area.

What is the Schengen area?

The Schengen area is the area within which, under normal circumstances, systematic checks on persons are not carried out at internal borders.

Its origins date back to 1985, when Belgium, France, Germany, Luxembourg, and the Netherlands signed an initial agreement in the Luxembourg locality of Schengen. Subsequently, the 1990 Convention established in greater detail the arrangements through which free movement was to be achieved.

The system began to be implemented in practice in 1995 and, in the following years, was extended to an increasing number of countries.

It is important, however, to distinguish between the European Union and the Schengen area. They are not perfectly coincident entities. Some countries that are not members of the EU participate in Schengen, while some EU Member States do not fully apply the system.

The fundamental objective remains to facilitate the movement of persons, accompanying the absence of internal controls with forms of cooperation between national authorities and common rules for the management of external borders.

What does it really mean to suspend Schengen?

The expression "suspend Schengen" can be misleading. A country does not simply cease to belong to the Schengen area whenever it decides to resume border controls.

European legislation allows, under certain conditions, the temporary reintroduction of controls at internal borders. The measure is conceived as an exceptional instrument to be used when there is a serious threat to public policy or internal security.

Consequently, the suspension of normal controls at internal borders should be understood as a temporary derogation from the ordinary functioning of Schengen.

The country applying the measure therefore does not regain unlimited freedom to manage its borders: it must comply with the conditions and procedures established by the Schengen Convention.

Why can controls be reinstated?

The circumstances that may justify the reinstatement of controls are linked to situations considered particularly significant from the standpoint of security or public order.

Depending on the specific case, international events of particular importance, emergencies or security threats, and exceptional situations requiring the temporary strengthening of border surveillance may be relevant.

The underlying rationale is therefore to strike a balance between two needs: maintaining freedom of movement as far as possible while allowing States to respond to extraordinary circumstances.

Precisely because it is an exception, the reinstatement of controls should not automatically turn into a permanent situation.

What changes for travelers?

The most immediate effect concerns the time and manner in which the border is crossed.

When controls are reinstated, travelers may have to stop at a land border crossing, railway station, port, or airport to undergo the checks required by the authorities.

This may result in:

• longer waiting times;

• possible queues at land borders;

• checks of personal documents;

• more thorough checks in certain circumstances;

• a greater need to take control times into account when planning a journey.

This does not, however, mean that every person crossing the border will necessarily face extraordinary or particularly lengthy procedures. The specific arrangements depend on the type of border, the measures adopted by the authorities, and the particular circumstances.

Is it necessary to carry a document?

Even when there are no systematic checks at internal borders, traveling within the Schengen area does not mean that a person is authorized to move around without documents.

The authorities may carry out identity checks in accordance with their respective national laws. For this reason, it is advisable to carry a valid document and, before departure, to check which documents are required for one's itinerary and personal circumstances.

This issue is particularly important for third-country nationals, for whom different requirements may apply from those applicable to citizens of the European Union.

Schengen, visas, and stays: why it is important to distinguish between them

Another aspect that often causes confusion concerns the relationship between border controls and entry requirements.

The fact that two countries belong to the Schengen area does not mean that a person who is not a national of a Member State may automatically stay without restrictions in the territory of the countries belonging to the Schengen area. The conditions of entry and stay depend, among other things, on the traveler's nationality, the duration and purpose of the stay, and whether the person holds a residence permit or other residence document.

For example, anyone who requires a visa for Italy must comply with the conditions applicable to their category of entry. The temporary reintroduction of controls at internal borders does not automatically alter the substantive requirements established by visa legislation.

Similarly, anyone considering a route toward Italian citizenship must distinguish their status as a citizen or applicant from the rules governing movement within the Schengen area.

What mechanisms ensure security in the Schengen area?

The abolition of systematic checks at internal borders does not mean that States have abandoned security checks or cooperation in security matters.

The European system also relies on cooperation between national authorities and the sharing of information. Among the most important instruments is the Schengen Information System (SIS), through which the competent authorities may consult alerts concerning, among other cases, wanted or missing persons, documents, and vehicles.

Cooperation therefore helps to compensate, at least in part, for the absence of systematic checks at internal borders through greater circulation of information among the authorities of participating States.

An exceptional measure with tangible effects

The Schengen area has profoundly transformed the way people travel in Europe, making everyday journeys between numerous countries much easier. The possibility of temporarily reinstating controls, however, is a mechanism specifically provided for in order to address situations considered exceptional.

For travelers, the main consequence is therefore not the "end of Schengen", but the possibility of encountering controls again at internal borders, with potential repercussions for travel times and arrangements.

Understanding this distinction helps avoid misunderstandings: Schengen continues to exist even when a State temporarily reintroduces controls, while the rules applicable to visas, stays, and personal status remain separate matters that must be assessed according to the traveler's specific circumstances.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law.