1.4 RESTRICTIONS ON FREEDOM
OF MOVEMENT WITHIN AND INTO THE EU
To address the COVID-19 outbreak, in March 2020 many Member States
introduced partial or almost complete closure of their external and internal
borders, restricting movements of those entering the country as well as
movements out of the country.
1.4.1 Travel restrictions within the EU
Under Article 28 of the Schengen Border Code, Member
States may, in certain circumstances and under strict
conditions, temporarily reintroduce controls at internal
borders.99 Such reintroduction must be limited in time and
notified to the European Commission.100 As an overview
by the European Parliament shows, the vast majority of
countries that are part of the Schengen area have introduced
restrictions at their internal borders.
Restrictions take different forms. Some Member States
reduced the number of border crossing points. For example,
on 18 March 2020, 27 border crossings were closed between
Croatia and Slovenia. Many EU countries closed airports
and a few Member States almost completely closed their
borders. As of 17 March 2020, persons and vehicles (other than freight
transport) were generally prohibited from moving through Latvian airport,
port, railway and road border crossing points at the EU’s external and
internal borders. In other cases, those entering, including nationals and
residents, must meet new requirements including undergoing health checks,
committing to self-quarantine or presenting a medical statement showing
a negative COVID-19 test result. People (other than citizens, residency
holders or third-country nationals travelling via air from outside Schengen)
entering Austria must have an accredited medical statement showing a
negative COVID-19 test result no older than four days, irrespective of
nationality.101
EU citizens and their family members have the right to move and reside
freely within the territory of EU Member States. Articles 27 and 29 of the
Free Movement Directive (2004/38/EC) justifies measures restricting the
freedom of movement in case of “diseases with epidemic potential”, such
as COVID-19, provided they comply with the principle of proportionality.
In this context, when implementing public health measures, the European
Commission noted that these must
not discriminate between Member
States’ own nationals and resident
EU-citizens. It underlined also that a
Member State must not deny entry to
EU citizens or third-country nationals
residing on its territory and must
facilitate transit of other EU citizens
and residents that are returning
home.102
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