Slovenia considers Austria’s decision to be unfounded, convinced that the Austrian side has not proved the existence of a new security threat. In fact, in its judgment in Case C-368/20 of 26 April 2022, the Court of Justice of the European Union (CJEU) ruled that the duration of temporary border control on the basis of Article 25 of the Schengen Borders Code (serious threat to public policy or internal security in a Member State) is limited to a maximum of six months. A Member State may extend temporary border control only if it is facing a new serious threat affecting its public policy or its internal security, which is different from the threat initially identified. According to statistics from both sides, the number of illegal border crossings and returned persons is low and comparable to figures from previous years; consequently, Slovenia assesses that this does not constitute a new threat.

Slovenia therefore expects Austria to lift the temporary border control at the Slovenian border. In this context, it underlines the importance of mutual cooperation between Member States in dealing with security threats, which is also provided for in the Schengen Borders Code. As regards border control, cross-border police cooperation can be an effective tool in helping prevent migrant smuggling.

Slovenia will continue to strive for a consistent implementation of the Schengen Borders Code provisions, according to which the temporary reintroduction of border control at internal borders is a measure of a last resort, proportionate to the threat to public order or internal security and limited in time.

In addition, Slovenia expects the European Commission to examine more rigorously the justification of temporary reintroduction of border control, including in the light of the above-mentioned judgment, and to act in accordance with Article 27 of the Schengen Borders Code. In this context, Slovenia welcomes the European Commission's view as expressed at the European Parliament meeting on 18 October 2022: the judgment clearly stipulates that internal border controls must be limited in time and proportionate to the threat. Measures will be taken in the event that Member States fail to take the appropriate steps to comply with the judgment.