In a judgment of 26 April 2022, the Grand Chamber of the Court of Justice of the European Union ruled that the prolonged reintroduction (between September 2015 and November 2021) by Austria of border controls at its border with Hungary and Slovenia was illegal. It held that these prolonged internal border controls could not be based on Articles 25 and 27 of the Schengen Borders Code. For this reason, Austria was also not allowed to require persons crossing the border between Austria and Hungary or Austria and Slovenia to present a passport or identity card on pain of a penalty.

In November 2020, the Migration Law Clinic issued an expert opinion in the cases (C-368/20 and C-369/20) pending before the CJEU, which led to the Grand Chamber judgment. It argued that the internal border controls reintroduced by Austria were contrary to the provisions of the Schengen Borders Code and the right of EU citizens to free movement. See for more information our post about this expert opinion.