Malmström approves French, Italian Schengen measures

Commissioner warns that measures not in line with “spirit” of Schengen area.

Cecilia Malmström, the European commissioner for home affairs, has said that measures taken by Italy and France to stem the flow of Tunisians across the EU’s Schengen area of borderless travel are allowed under EU law. But in a statement released today (25 July), she also warned that the measures, taken in April, run counter to the “spirit” of the Schengen rules.

Malmström’s statement followed an assessment by the European Commission’s services of assurances and clarifications provided by Italy and France following the arrival of thousands of Tunisians in Italy earlier this year.

“From a formal point of view, steps taken by Italian and French authorities have been in compliance with EU law,” Malmström said. “However, I regret that the spirit of the Schengen rules has not been fully respected.”

Malmström underlined the importance of “coherent interpretation” and “smooth implementation” of the Schengen rules and said that she would present legislative proposals on the matter in September, as previously announced.

Italy had given some Tunisian migrants temporary documents which enabled them, in principle, to travel elsewhere in the Schengen area. Malmström said that the Schengen rules do not at present define the conditions under which this is permitted and said that EU guidelines on the issue “could have an added value”.

France countered Italy’s measures by imposing spot-checks at the border with Italy, in order to prevent Tunisians from reaching France. “Our analysis confirms that police checks carried out by French authorities remained within the limits compatible with the Schengen Borders Code,” Malmström said.