Visti Brevi Header

NEWS: the European Council has approved the update of the Schengen Borders Code!

What are the news and changes

How the Schengen Borders Code will be updated

The reform, born form the huge migration movements of 2015 and the Covid-19 pandemic, aims at rendering the Schengen Area more resilient to these and future situations while guaranteeing that people living in and travelling through the EU can fully enjoy the benefits of borderless travel.

It tackles different issues, like: (i) the instrumentalization of migration, offering solutions to limit it; (ii) large-scale public health emergency, introducing the possibility to adopt centralized EU-wide measures that restrict the access of third-country nationals to the EU; (iii) the reintroduction of internal border controls, offering clarifications on a measure that must, and will, remain one of last resort.

Health emergencies

Should another health emergency like the Covid-19 in 2020 present itself, the new rules grant the possibility – following an EU Council decision – to put in place harmonized temporary travel restrictions at the EU’s external border, guaranteeing a uniformed response that lacked 4 years ago. The new rules grant the EU Council the power to impose testing, quarantine and self-isolation and other health related measures for non-EU citizens entering the EU.

Instrumentalization of migration

The new rules grant Member States the power to limit the number of crossing points, the opening hours and the border surveillances measures, in view of enhancing the security of the borders, without drastically restrict the access to the EU to the outside.

Reintroduction of internal border controls

The reform of the Schengen Borders Code also contains specific clarifications about the existing framework for the reintroduction and prolongation of internal border controls: as it is clearly a last resort measure (fundamentally against the purpose for which the Schengen Area was instituted), it will be possible to apply when there is a serious threat to public policy or internal security, after an assessment of necessity, proportionality and impossibility to use other means.

Moreover, this update limits the maximum duration during of these controls and require that they must be notified to the Commission, to the Member States and to the European Parliament before being reintroduced. The maximum duration is set at two years, with a leeway of 6 months, renewable one time, in major exceptional situations.

The new rules and the clarifications strongly suggest Member States to prefer alternative measures like police checks and cross-border cooperation. Additionally, a new transfer procedure will allow a member state to transfer third-country nationals to the member state from which they arrived directly. The apprehension should take place in the context of a bilateral cooperation framework.

Next steps

Being this a regulation, it is directly applicable in all the EU countries (part of the Schengen Agreement) and will enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

The applicability of these updates to the Schengen Borders Code could be tested first-hand by Italy at the G7 Summit, to be held in Italy from June 13th to 15th in Borgo Egnazia, Puglia. In any case, at the moment, the internal border controls that will be applied are based on Articles 25 and 27 of the 2016’s Code, in line with similar measures taken in cases of high-level events and will entail a restriction of free movement from 2 p.m. on June 5th, to the same time on June 18th, 2024.

Your Way to Italy: our assistance

Our team will keep you posted on further developments on this and other news coming from the EU and regarding travels in the EU, visas and residence permits! #YourWaytoItaly



The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances

News
News from our blog

Keep yourself updated by reading the most recent news and our articles on the most important topics on Italian immigration and citizenship law

Visas and residence permits
Citizenship
Tax, legal and more
Anagrafe Registration In Italy 600 X 400 Px
Visas and residence permits
Foreign nationals and registration in the Civil Registry: FAQ
Registration in the civil registry (Anagrafe) is a key procedure for foreign citizens who wish to reside permanently in Italy. The process outlines its legal and practical importance, who can apply, the requirements, the steps involved, and special cases such as international protection or the birth of children in the country.
Schengen Visa Extension 600 X 400 Px
Visas and residence permits
Is it possible to extend your stay in Italy after the expiration of a Schengen tourist visa?
It is possible to extend a stay in Italy beyond the limit of a Schengen tourist visa, but only in exceptional cases such as force majeure, humanitarian reasons, or serious personal issues. The request must be submitted to the Questura with proper documentation. Staying without authorization after the visa expires may result in fines, expulsion, and a re-entry ban.
Visa For Family Members Of Italian Citizens 600 X 400 Px
Visas and residence permits
“Carta di soggiorno” and FAMIT permit
The article explains the two legal paths available for non-EU family members of Italian citizens wishing to reside in Italy: the residence card for so-called “mobile” family members (those who have lived in another EU country with the Italian citizen) and the new FAMIT permit for “static” family members (those who have never left Italy)
1 / 33
Sign up to our newsletter!

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.