José Manuel Barroso says he doubts whether Denmark is complying with European and international law
The European executive raised the prospect of a legal showdown with Denmark over its snap decision to restore border controls within the EU's single market and passport-free travel zone, turning the Danish move into a test case for prized liberties in Europe.
José Manuel Barroso, the president of the European commission which initiates and polices EU law, told the centre-right government he had "important doubts" about whether it was complying with European and international law. He warned the Danes against acting unilaterally and threatened to take Copenhagen to the European court of justice. "We will take all necessary steps to ensure the full respect of the relevant law," he said in a letter to the Danish prime minister, Lars Lokke Rasmussen.
Denmark stunned its EU partners on Wednesday by announcing, without consultation, that it was reintroducing customs controls and border checks on the frontiers with Germany and Sweden as part of a campaign said to be directed at combating transnational crime and thwarting mafias from eastern Europe.
Brussels suspects Denmark could be in breach of single market rules and the Schengen agreement, which has abolished passport controls in 26 countries, including 22 of 27 EU states.
The decision was a concession to the far-right populist Danish People's party, which is not formally in government but whose votes were needed for the coalition to win support for long-term budget, welfare and retirement policies.
The commissioner for EU home affairs, Cecilia Malmstrom, a Swedish liberal, reinforced the message. "The commission's preliminary assessment raises real concerns that, if implemented as announced, the measures foreseen could be in breach of the obligations assumed by Denmark under EU and international law.
"The commission stands ready to continue dialogue with Denmark," she said. "But it will, if needed, use the tools at its disposal to guarantee the respect of EU law.''
Denmark's decision was the latest in a series of setbacks for unfettered travel after France and Italy successfully lobbied for changes to the Schengen regime to restore national border controls.
Barroso and Rasmussen spoke by phone before the commission chief sent his letter. Barroso said the Danish planned for a permanent customs presence which implied building new facilities, the recruitment of additional customs staff, comprehensive video surveillance and police back-up at what has been an open border.
The Danes have said they want to start erecting the barriers within three weeks.
Barroso said the initial assessment by commission lawyers raised "important doubts about whether the measures would be in line with Denmark's obligations under European and international law, in particular on the free movement of goods, persons, services, and capital and the provisions of Schengen".
Systematic controls on the internal borders between most EU countries were not allowed, Barroso added, although spot checks were possible. Barroso said it looked as though Denmark, which insists the return to national border controls is compliant with the Schengen rules, was bent on erecting "systematic frontier controls" that "would appear to be contrary to [EU] treaty freedoms."