Following the recent migration crisis in the Spanish enclave of Ceuta, where thousands of migrants crossed from Morocco into Spanish territory, calls have emerged from some European politicians suggesting that Spain should be suspended or expelled from the Schengen Area. However, legal experts and European institutions stress that EU law provides no mechanism for removing a member state from Schengen.The Schengen Area is governed by the Schengen Agreement, the Schengen Convention, and the Schengen Borders Code. None of these legal instruments contains a procedure allowing a member state to be temporarily or permanently expelled from the passport-free travel zone. According to European legal experts, countries may only temporarily reintroduce internal border controls when facing a serious threat to public order or internal security.
Former EU High Representative for Foreign Affairs Josep Borrell also stated that the current European legal framework does not allow the expulsion of a Schengen member and described such proposals as legally impossibleThe debate intensified after several European politicians, particularly in Italy, called for stronger measures against Spain following the large-scale migrant crossings into Ceuta. The Spanish government rejected the proposals, arguing that they are politically motivated and have no legal basis under European law.
The European Commission has not considered any proposal to suspend Spain from Schengen. Instead, Brussels continues working with Spain and Morocco to strengthen the EU’s external border, improve migration management, and accelerate the return of migrants who do not qualify for international protection.
Legal specialists emphasize the important distinction between expelling a country from Schengen, which is not legally possible, and temporarily restoring internal border controls, a measure that several European countries have used in recent years during terrorist threats, the COVID-19 pandemic, and periods of increased migration pressure. This remains the only legal mechanism available under existing EU legislation.
Sources: AFP, European Commission, Schengen Borders Code, Reuters.
