It is not compatible with the Schengen freedom of movement to close the Schattendorf (Somfalva)-Agendorf (Ágfalva) border crossing, which is used daily by thousands of Hungarian commuters.
Zoltán Lomnici Jr. stated the Magyar Nemzet The constitutional lawyer was contacted by the newspaper in connection with the fact that the other day the Lesser Poland reported that the border situation, which has been causing great anger for a long time, has deteriorated even more after July they will ask for money to be able to cross into Austria at Ágfalva, the one-time amount that must be paid for the crossing , 160 euros, i.e. almost sixty thousand forints. The decision outraged the locals so much that they even organized a demonstration.
The greatest achievement of the Union
Zoltán Lomnici Jr. recalled that the Schengen agreement signed by Belgium, France, the Netherlands, Luxembourg and Germany in 1984 contributed to the gradual elimination of controls on their internal borders. He indicated
the agreement contributed to the introduction of free movement for all citizens of the signatory countries, other EU member states and some non-EU countries.
The above convention and other related legislation together form the Schengen acquis, which was incorporated into the EU framework in 1999 and which has since gradually become EU law. - In addition to all this, the Treaty of Lisbon made an area without internal borders, in which the free movement of persons is guaranteed, an EU objective - he explained.
- Nearly 70 percent of citizens believe that Schengen is one of the most valuable EU institutions, which gives European citizens the opportunity to move freely in the territory of the member states and provides the opportunity for the police of the member states to cooperate closely with the law enforcement agencies of other countries
- emphasized the constitutional lawyer.
Austrian excuses
- Based on the statements of Thomas Hoffmann, mayor of Schattendorf's social democrats (SPÖ), it is not a sufficiently thought-out step, which is clearly indicated by the fact that he had previously spoken about the "examination" of the criticized idea. Heinrich Dorner, also a social democratic transport advisor of the Burgenland provincial government, previously explained that the traffic from St. Margarethen to Eisenstadt (Kismarton) had to be reduced to a third of the current level - Zoltán Lomnici Jr. listed the arguments of the Austrian side. He added that, based on the protests of the locals and the statements made so far, we cannot talk about meaningful strategic action.
- Provincial and local decisions made hastily and possibly cannot represent a permanent and sustainable solution to the traffic dilemma, because here the border was basically closed for the purpose of traffic restrictions, since to a significant extent, far fewer people can cross - within the Schengen zone - legally the Austrian-Hungarian border is affected section - so it is no longer a matter of control, but a wide range of people are banned from entering Austria
- said the specialist.
Zoltán Lomnici Jr. believes that the local Austrian move violates a decades-long community achievement.
- Pursuant to the treaties, Austria should ensure traffic crossing its borders with measures so that EU citizens and (through effective control of external borders) citizens of third countries are not checked when crossing internal borders.
Although Austria already undertook to abolish border controls on its borders with Schengen member states in 1997, and therefore applied the Schengen acquis in principle and from the beginning, it nevertheless suspended free travel rules at the Hungarian and Slovenian borders in 2021.
Moreover, the decree on this matter was extended for another six months in April this year with the approval of the committee, said the constitutional lawyer. He added that this "hardening" of Austrian politics at the federal level is only further strengthened by actions at the provincial and local levels.
His words also revealed
the extent of the unilateral steps introduced at Schattendorf is illegal and unacceptable based on EU regulations, as they hinder the free movement of employees.
- It should not be forgotten that previously, according to the European Commission's point of view, the closing of the borders could only have been used as a last resort and only for a temporary period. Based on the plan leaked from former Commission President Juncker's environment, they would have practically returned to the era of the Iron Curtain - not against illegal immigrants, but against native European Union residents.
However, even Jean-Claude Juncker did not hide that, if the Schengen system fails, the euro will also fail
- reminded the specialist.
Cover image: Cars waiting to cross the Hungarian-Austrian border, at the crossing between Fertőrákos and Szentmargitbánya in Burgenland, on April 22, 2020 (Photo: MTI/István Filep)