The Schengen area is a central pillar of the European Union, allowing for the establishment of a borderless Europe, where 26 countries have abolished passport and other border controls. However, the outer ring of the Schengen zone has been found wanting, with hundreds of thousands of people crossing into Schengen unchecked.
The sheer volume of refugees crossing into Turkey and following the so-called West Balkans route has put intense pressure on many countries in Europe, leading to some — including Croatia, Hungary, Germany, Austria and Denmark — to re-establish border control, which they are allowed to do only for a maximum of six months.
`Exceptional Circumstances`
However, the leaked memo revealed by Steve Peers of EU Law Analysis, shows that officials are considering allowing countries to re-establish border controls for longer than six months, showing the depth of the European refugee crisis.
The memo states:
"Several Member States have recently reintroduced temporarily internal border control pursuant to Articles 23-25 of the Schengen Borders Code. Under these provisions, a Member State may not implement such controls for more than a total period of six months.
"A prolongation of this situation would require the adoption by the Council, upon a proposal from the Commission, of a recommendation in accordance with Article 26 of the Schengen Borders Code.
"Where in such cases the overall functioning of the area without internal border control is put at risk, and insofar as the exceptional circumstances constitute a serious threat to public policy or internal security within the area without internal border control or within parts thereof, the period for the reintroduction of internal border control may be extended up to a total maximum of two years," the memo states.
The fact that "exceptional circumstances" have been invoked as a reason for varying the Schengen agreement is a further sign of the way the refugee crisis is hitting one of the central planks of the EU — the freedom of movement of people.
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