MIL-OSI Europe: Written question – Migration policy and the TFEU – E-000970/2025

Source: European Parliament

Question for written answer  E-000970/2025
to the Commission
Rule 144
Marcin Sypniewski (ESN)

Germany has been carrying out border controls for several months now in order to limit the influx of illegal migrants. Incidents have also been reported in which the German authorities have transported migrants they had expelled to the Polish border.

Pursuant to Article 72 TFEU, Member States have the right to take unilateral decisions regarding the maintenance of law and order and internal security.

In light of the foregoing:

  • 1.Does the Commission consider the interpretation of Article 72 TFEU to be in line with EU law, and therefore, can each country unilaterally adapt its migration policy to address security threats?
  • 2.Given the provisions of the Pact on Migration and Asylum, would the Commission accept a possible Polish policy of turning back or refusing entry to migrants on the basis of the aforementioned article of the TFEU?
  • 3.Does the Commission condone the actions of the German authorities in transporting migrants to the Polish border, and if not, what measures does it plan to take against such actions?

Submitted: 6.3.2025

Last updated: 14 March 2025

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