Possible decision by Greece, under Article 72 TFEU on the maintenance of law and order and internal security, to deviate from the provisions of Title V TFEU and the Schengen Agreement

Following the recent decision of the NATO to provide assistance in dealing with the refugee crisis, it has become a matter of external and internal security for the EU Member States.

Under Title V TFEU regarding the area of freedom, security and justice and Article 67 in particular, the Union is required to frame a common policy on asylum, immigration and external border control.

Moreover, under Article 4(2) TEU, national security remains the sole responsibility of each Member State, while Article 72 TFEU states that Title V 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.

In view of this and of the massive and constantly swelling tide of refugees entering Greece from the beginning of 2015 until now:

What stance will the Commission adopt should Greece decide to avail itself of the possibility offered to Member States under Article 72 TFEU to close its borders with third countries and deviate from the provisions of Title V TFEU on the one hand and the Schengen Agreement on the other?

Source: European Parliament

Answer given by Mr Avramopoulos on behalf of the Commission

Only a concerted approach of all the Member States and cooperation with other countries concerned will allow for managing more efficiently the migration flows and the safeguarding of internal security. Therefore the Commission stressed in the communication of 4 March 2016 ‘Back to Schengen’(1) the need to stop the ‘wave through’ approach and to return to a normal functioning of Schengen as soon as possible. Member States must grant access to the asylum procedure for persons requesting asylum at the border and refuse entry at the border to persons who do not satisfy the entry conditions. As asylum-seekers have no right to choose the Member State granting them protection, Member States are also required to prevent third-country nationals from leaving their territory in an unauthorised manner and should redirect these persons to the border crossing points to allow the authorities of the neighbouring third country to carry out entry checks to their territory. (1) COM(2016)0120 final.