Poland explains border controls with Germany and Lithuania - EXCLUSIVE

CE Report Media Outlet presents an exclusive interview with the Ministry of the Interior and Administration of the Republic of Poland, shedding light on the recent decision to temporarily restore border checks with Germany and Lithuania.

What specific indicators or intelligence led to the decision to temporarily restore border checks with Germany and Lithuania?

The need to reintroduce controls at the Polish-Lithuanian border stems primarily from redirecting of the migratory pressure artificially created by Russia and Belarus from the Polish-Belarusian border (resulting from reinforcement of the barrier at that border) to the Lithuanian-Latvian-Belarusian borders. This has increased the risk of secondary movement of migrants heading into the European Union through Germany across the territory of Poland.

As regards the internal border with the Federal Republic of Germany, the decision on temporary restoring of border control is determined by a change in the procedures related to the refusal of migrants’ entry into the German territory. Poland must keep full control over secondary migratory movements and definitely ensure that individuals returned to its territory have actually stayed in Poland for some time. Therefore, a need to verify the legal conditions for the potential admission of migrants arriving from Germany is increasing.

The current situation and the recent developments result in a disproportionate burden on the Polish side, exposing public policy and internal security to serious threats. Due to the measures recently applied by the German party, tensions and threats to the local community have arisen in the border region, which have to be addressed by the state of Poland in a responsible way.

How long is the reintroduction of these controls expected to last, and what criteria will be used to decide on their extension or removal?

In accordance with Regulation of the Minister of the Interior and Administration of 3 July 2025 on the temporary restoring of border control of individuals crossing the state border constituting an internal border, its temporary restoring will continue from 7 July to 5 August 2025 (with a possibility of its extension).

Any decision on the extension or termination of the aforementioned border control will be based on the criteria under Chapter II of Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) including, in particular, an assessment of its impact to date on ensuring internal security or public order and/or the continuation of threats affecting the foregoing.

What steps are being taken to ensure these controls are in line with Schengen rules and do not disrupt legitimate cross-border traffic?

Border control at the Polish-German border have been restored and will be carried out in accordance with the provisions of the Schengen Borders Code.

Moreover, steps have been taken to ensure the efficient arrangement and routing of road traffic to improve the situation at the border. Poland has asked the German party to take similar measures to improve traffic in the opposite direction.

The temporary restoring of border control at the internal borders of the European Union Member States is regulated by Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code).

Pursuant to Article 25a (1) and (3) of the Schengen Borders Code, where a serious threat to public policy or internal security in a Member State is unpredictable and requires immediate action, that Member State may exceptionally and immediately reintroduce border control at internal borders.

Regulation of the Minister of the Interior and Administration of 3 July 2025 on the temporary restoring of border control of individuals crossing the state border constituting an internal border implements the statutory authorisation provided for in Article 17a of the Act of 12 October 1990 on the protection of the state border.

Pursuant to the aforementioned authorisation, the Regulation defines:

1) sections of the state border where border control of individuals are temporarily restored, extended or abolished,

2) border crossing points, the type of traffic permitted through these crossing points and their opening times, as well as the territorial extent of the border crossing points,

3) the period for which border control of individuals are temporarily restored or extended.

Paragraph 2(2) of the aforementioned Regulation indicates that the scope of border control of individuals, including a possibility of its limitation under the rules set out in the Schengen Borders Code, will be adjusted according to the severity of threat to public order or state security in connection with the occurrence of serious threat of illegal migration at the Polish-German and Polish-Lithuanian sections of the state border.

How does the government respond to criticism that Germany is redirecting migrants into Poland, and are there bilateral talks planned to address this claim?

On 9 June, a meeting was held in Warsaw between Tomasz Siemoniak, Minister of the Interior and Administration and Alexander Dobrindt, Minister of the Interior of Germany. During the meeting, the results of cooperation to date on the prevention of illegal migration were discussed. Taking this opportunity, the Polish party requested that activities should be taken on the basis of the applicable provisions of law and international agreements with the aim to regulate the issue concerned depending on the purpose and nature of foreigners' stay on the territory of the contracting parties. At the same time, Minister Tomasz Siemoniak appealed that the transfer of foreigners should take place at the designated place and time, which could consequently allow for appropriate response and preparation of the acceptance of an individual concerned, as well as the application of adequate procedures with regard to each person accepted.

The current situation and its developments result in a disproportionate burden on the Polish party resulting in serious threats to public order and internal security. Due to measures recently taken by the German party, tensions and threats to the local community have emerged in the border area, which have to be addressed by the Polish state in a responsible way.

We believe that in the near future, jointly with our partners, we will be able to restore the Schengen Area to its citizens, in accordance with the applicable EU agreements and regulations, and maintain a high level of mutual trust and attempt to jointly resolve the challenges we all face.

What is the official stance of the government on unauthorized border patrols by nationalist groups, and how are such actions being monitored or addressed?

Since January 1 this year, the police has recorded the activity of the so-called ‘citizen patrols’, organised by the Border Defence Movement, within the territory of three provinces bordering the Federal Republic of Germany, i.e. West Pomerania, Lubuskie and Lower Silesia.

It should be clearly emphasised that the so-called ‘citizen patrols’ are not authorised to check people's ID, issue any orders or undertake any interventions or use force or physical coercion, nor may they stop vehicles on public roads, require presentation of documents by drivers or use any form of coercion.

The only permissible form of citizen intervention is citizen arrest, but only in cases specified in the Code of Criminal Procedure:

Article 243 §1 of the Code of Criminal Procedure - Everyone has the right to detain a person during the act of committing an offence or in pursuit if there is a fear of concealment or an inability to verify identity.

Any actions that go beyond this provision are illegal.

The police, as a public authority, acts under and within the limits of law and therefore, in response to the actions of “citizen patrols”, takes the measures provided for by law, including: checking the identity of their members, instructing them, issuing orders to cease actions, in the event of commission of a criminal offence - detaining persons, securing evidence (recordings, equipment), as well as - as a consequence - initiating offence or pre-trial proceedings.

Furthermore, the activities of the police focus on identifying the nature of the assembly and, if the assembly is illegal, calling for dispersal/dispersal of the gathering, or detaining persons who violate public order or fail to obey orders.

Photo: Wikipedia

This interview was prepared by Abdul Karimkhanov