Denials at the boundary checkpoints - The Interior Ministry of Germany has reservations towards the EU's proposed plan.
At the Federal Ministry of Interior, there are debates surrounding the Union faction's proposed extensive border rejections in Germany. According to Article 72 of the Treaty on the Functioning of the European Union (TFEU), EU member states have the power to preserve public order and ensure internal security. However, legal analysts have pointed out that no EU nation has so far effectively utilized Article 72 before the European Court of Justice (ECJ) to justify such actions. Moreover, the ECJ has labeled the use of this article inconsistent with the Schengen Border Code, stating that the code already caters to the legitimate interests of member states and includes provisions for exceptions in cases of severe threats to public order and internal security. The business manager of CDU/CSU in parliament, Thorsten Frei, put forth the argument that rejecting non-EU citizens without valid visions at the border is in line with current legislation, referencing Article 72 of the TFEU and other relevant provisions.
The Union faction's proposal for extensive border rejections in Germany has sparked discussions at the Federal Ministry of Interior, yet no EU member state has successfully invoked Article 72 of the TFEU before the Court of Justice to justify such actions. Despite the ECJ labeling the use of Article 72 inconsistent with the Schengen Border Code, the business manager of CDU/CSU in parliament argues that border rejections align with current legislation, citing Article 72 and other provisions.
