The Conseil d'État dismissed the petition filed by a number of organisations seeking to annul the reinstatement of border checks between France and other Schengen countries decided by the Government in October 2024. The Conseil d'État ruled that the reinstatement complies with the new Schengen regulations, which are applicable for the first time. It is proportionate in view of the terrorist and criminal threats currently facing France, and necessary to effectively prevent them by controlling individuals who wish to enter the country.
In response to the terrorist attacks of November 2015, and as an exception to the principle of free movement, the Government reinstated checks at France's land, sea, and air borders with other countries in the Schengen Area. It has renewed the scheme every six months without interruption, most recently last October for the period 1 November 2024 to 30 April 2025. On 4 October 2024, a number of organisations petitioned the Conseil d'État to overturn the decision to reinstate these border checks.
Border control reintroduced for the first time under new Schengen rules
The Conseil d'État pointed out that the regulation on Schengen borders was revised in June 2024, establishing a new framework for the temporary reintroduction and extension of border checks within Schengen Area states (articles 25 to 27a). The European regulation, as amended by the European Council and the Parliament, applies only to decisions taken from its effective start date, 10 July 2024.
Consequently, the Conseil d'État ruled that the Government's decision of 4 October 2024 was an initial measure to reintroduce border checks for six months under the new Schengen regulations, rather than an extension of the checks first implemented in 2015. The contested decision, therefore, is not contrary to the new regulations, which provide that the extension of checks may not exceed a maximum period of three years.
Border checks warranted due to security threats
The Conseil d'État indicated that the decision to reinstate border checks was warranted due to significant threats to public order and internal security related to the risk of terrorism and the operations of criminal smuggling networks facilitating illegal migration flows in northern France.
The Schengen regulations identify 'terrorism' and 'major organised crime' as grounds for the temporary reintroduction of border checks. The Conseil d'État stated that the contested decision is proportionate to the severity of such risks, as less restrictive measures on freedom of movement would not be as effective in mitigating them. Lastly, it noted that the methods used to implement the checks limit their impact on individuals and the transport of goods, as required by the Schengen regulations (art. 26).
On these grounds, the petition brought by the organisations was dismissed.