Throw Spain out of the EU visa-free zone? Impossible

Throw Spain out of the EU visa-free zone? Impossible

But is such a call, supported by some European governments and politicians, even possible?

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In short, no. Here’s why:

What is the Schengen Area?

It is one of the most obvious achievements of the European Union – a travel area without borders, where border checks for travelers are abolished.

This vast area has been gradually created since 1985. First, in 1995, border checks were effectively abolished between Belgium, France, Germany, Luxembourg, the Netherlands, Spain, and Portugal.

Now this area includes 29 countries, including EU member states (except Cyprus and Ireland), as well as Iceland, Liechtenstein, Norway, and Switzerland.

Practically, this means that EU citizens and non-EU citizens can travel freely within the Schengen Area without facing border checks.

Is it possible to remove a country from the Schengen Area?

Italian Prime Minister Giorgia Meloni on Thursday stated that Spain’s membership in the Schengen Area should be temporarily suspended, calling the images from Ceuta showing arriving migrants shocking.

Spain strongly condemned Italy’s “demagoguery” and summoned the Italian ambassador in Madrid to lodge a protest.

However, on Friday Finland supported Italy’s call, and Denmark stated that the EU should consider such a step.

“It goes without saying that the EU must immediately take all necessary measures and consider all options, including suspending Schengen cooperation,” said Danish Prime Minister Mette Frederiksen.

“Countries that do not fulfill their duty to protect the external border cannot be Schengen members,” said Finnish Interior Minister Mari Rantanen.

However, under European Union law, such a step is not legally possible.

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“There is no provision in the Schengen system allowing such actions. One country cannot unilaterally remove another from this area,” said Marie-Laure Basilien-Gainche, a law professor at Lyon 3 University, to the news agency AFP.

What can be done?

Although it is impossible to expel a country from the Schengen Area, in exceptional circumstances member states can temporarily reinstate border checks.

The relevant rules are set out in the Schengen Code. Border checks can be temporarily reinstated if there is a “serious threat to internal security or public order,” for example due to terrorism, organized crime, or extreme public health situations such as the COVID-19 pandemic.

Member states can also reintroduce internal border controls if there is a “sudden and large-scale illegal movement of third-country nationals.”

France tightened checks on its border with Spain on Friday.

“However, there is no common internal border between Italy and Spain, and even less so between Spain and Finland,” said M.-L. Basilien-Gainche.

What does the EU say?

European Commission (EC) President Ursula von der Leyen called the events in Ceuta unacceptable, and her team maintains contacts with Spain and Morocco.

However, the EU rejected Italy’s call.

An EU official told AFP that the Union understands that “some governments are concerned,” but emphasized that the priority is “the protection of our external borders.”

Brussels also noted that the current crisis is related to the Ceuta enclave located on the African continent, and that additional checks are necessary to enter mainland Europe, where no movement has yet been observed.

“It’s not as if they disembark in Spain and then continue to France,” said the official, speaking on condition of anonymity.

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