Direct refoulement of third-country nationals at internal borders within the Schengen area

Priority question for written answer P-001658/2024
to the Commission
Rule 144
Erik Marquardt (Verts/ALE)

In recent years, the practice of internal refoulement has been the subject of significant discussion in the Schengen area in the context of both asylum law and the new Borders Code. The current legal interpretation is that pushbacks of asylum seekers cannot be legally or practically implemented. Nevertheless, such far-reaching measures are currently being discussed in Germany.

• 1.Can asylum seekers in the Schengen area be refused directly at an internal border even though they are applying for international protection and there is no entry ban?
• 2.What are the obstacles to triggering Article 72 TFEU and, in the Commission's view, could triggering this article serve as a basis for permanent pushbacks of asylum seekers, for example in the German-Polish border region?

Submitted: 9.9.2024