Paradigm Shift: Germany Reactivates Border Controls – New Reality for the European Union?

After a decade of largely open borders and uncontrolled migration flows, Germany has pulled a major security-policy lever. In a directive sent by the Federal Ministry of the Interior to the President of the Federal Police on 7 May 2025, the oral instruction issued by the Federal Chancellor on 13 September 2015 was formally revoked. This restores the full application of §18(2) No. 1 of the German Asylum Act: asylum seekers entering from a safe third country—such as Poland, Austria, France, or the Netherlands—may now be turned back at the German border. The move marks a clear paradigm shift.

Germany’s police union has welcomed the measure, as have numerous security experts. The directive also clarifies that vulnerable groups, such as children or the seriously ill, can still be admitted—but only under narrowly defined legal conditions.

A National Clause within European Law

By reactivating §18(2) No. 1 of the Asylum Act, Germany is not only reinstating national law but also sending a pointed message to its European partners. While Berlin insists that it has not declared a formal state of emergency, the measure can be interpreted as a de facto application of Article 72 of the Treaty on the Functioning of the European Union (TFEU).

Article 72 TFEU states: This Title shall not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security.

Germany is thus invoking its national responsibility to preserve internal security—temporarily placing certain EU-level migration and asylum obligations in the background in favour of border protection. This is legally permissible, yet politically highly sensitive.

A Shift with EU-Wide Implications

Although the decision stops short of an official “emergency” declaration, it signals a fundamental change: the open approach to secondary migration within the Schengen Area is, in practice, over. The German government is implicitly acknowledging that the previous course is no longer sustainable.

For the European Union as a whole, this represents a new operational reality. Border states such as Poland, Austria, France, and the Netherlands are likely to feel the immediate consequences, as migrants turned away at the German frontier may seek entry elsewhere. This could trigger increased policing, administrative burdens, and renewed political debate across the EU.

Moreover, Germany’s move could set a precedent: other Member States might consider invoking Article 72 TFEU as a legal tool to prioritise national security interests over certain European regulations in times of heightened pressure.

What began as a unilateral German decision may therefore prove to be a catalyst for a broader rethink of migration governance and border policy across the European Union.

Picture: By Europe Pro Police 2025

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