Austria Border Closure: What's The Status?

Austria's border control policies have been a topic of discussion and controversy in recent years, with several developments impacting travel between Austria and neighbouring countries. In 2024, Austria closed busy border crossings with Hungary, causing tension and leading to discussions between the two countries' governments. Additionally, Austria's decision to keep its border with Italy closed in 2024 drew criticism from Italian Prime Minister Giuseppe Conte and Foreign Minister Luigi Di Maio, who called for an end to the discriminatory measures. The COVID-19 pandemic also influenced Austria's border policies, with Chancellor Sebastian Kurz restricting travel from Italy due to the high number of cases. These events highlight the complexities of border control and the impact they have on international relations and freedom of movement.

Border closures due to COVID-19

Austria has implemented a range of border control measures in response to the COVID-19 pandemic, with a particular focus on restricting travel from neighbouring countries with high infection rates. These measures have evolved over time as the epidemiological situation changes.

In December 2024, Austria's border with Italy was closed due to the Coronavirus situation. Austrian Chancellor Sebastian Kurz announced restrictions on travel from Italy, stating that people travelling from Italy to Austria would need a doctor's certificate. Austria also issued a level 6 travel warning against Italy. These measures were implemented despite Austria's relatively low number of Coronavirus cases compared to neighbouring countries.

In addition to the border closure with Italy, Austria has also restricted border crossings with Hungary. Two busy border crossings between the two countries were closed by local Austrian governments, affecting thousands of Hungarian commuters who work in Austria. This led to complaints and legal action from Hungary, with a law firm suing the Austrian town of Schattendorf for breaching the EU's Schengen law, which guarantees freedom of movement.

The Austrian government has defended its border control measures as necessary to protect public health and manage the spread of COVID-19. However, these closures have caused tension with neighbouring countries, with Italy's Prime Minister calling Austria's decision to keep their common border closed "unacceptable" and discriminatory.

The dynamic nature of the COVID-19 pandemic has resulted in a constantly evolving situation regarding border closures and travel restrictions. While Austria initially closed its borders to Italy, it later reopened its borders to all neighbouring countries except Italy. The possibility of reopening borders with Italy was under constant evaluation, with the Austrian government considering the epidemiological situation before making decisions.

Austria-Hungary border restrictions

Austria and Hungary share a border that has seen various restrictions over the years. The most notable of these was the border fence that divided the two countries during the Cold War. This fence was dismantled in 1989, marking the first fissure in the "Iron Curtain" that had divided Europe since the end of World War II.

Since then, the border has remained open, allowing free movement between the two countries. However, there have been occasional tensions and restrictions due to increased cross-border commuting. In recent years, several roads and small border crossings have been closed to reduce traffic, which has caused frustration for Hungarian commuters, many of whom work in Austria and face longer journeys as a result. This has also led to legal action, with a Hungarian law firm suing the municipality of Schattendorf, claiming that the closure of the border crossing violates EU law.

In terms of border control, Hungary and Austria are both part of the Schengen Area, which allows for the free movement of people and goods between participating countries. However, there are still some requirements for entry and exit. For EU citizens, a valid ID card is sufficient for entry into Hungary from Austria, and they are subject to minimal checks. Non-EU citizens, on the other hand, must use the "ALL PASSPORTS" lane and undergo more thorough checks. They must also possess a valid travel document, such as a passport, and may need a visa, depending on their country of origin.

Overall, while there have been some minor tensions and restrictions at the Austria-Hungary border, it remains largely open and accessible to travellers from both countries.

Austria-Italy border restrictions

As of September 2024, Austria's common border with Italy remained closed, with the Austrian government reopening borders to all neighbouring countries except Italy. Austria's head of diplomacy, Alexander Schallenberg, justified the decision by stating that the epidemiological numbers with Italy did not yet allow it. However, he clarified that the decision was not against Italy, expressing a desire to return to pre-coronavirus border conditions as soon as possible. Italy's Prime Minister, Giuseppe Conte, criticised the move as "unacceptable", calling for an end to such discriminatory measures.

In recent years, Austria has implemented various measures to control the flow of traffic and commuters at its borders. For instance, several roads in Burgenland have been closed to reduce traffic congestion, and concrete barriers have been erected, specifically targeting cross-border commuters from Hungary. These initiatives have led to legal action, with a law firm suing the Austrian municipality of Schattendorf, claiming that their measures violate EU law.

Looking ahead, the EU's new Entry/Exit System (EES) will bring significant changes to travel regulations. This automated system will require biometric registration, such as fingerprints and photographs, for travellers entering the Schengen area, impacting those visiting countries like Italy, Spain, and Greece. Additionally, the European Travel Information and Authorisation System (ETIAS) will require electronic authorisation for visa-exempt nationals entering 30 European nations, including Italy. These developments will streamline border checks but will add administrative steps for travellers.

Border closures causing increased traffic

Border closures are causing increased traffic in Austria, particularly at the Hungarian-Austrian border crossing at Sopron. The Austrian government's decision to close specific border crossings has resulted in a significant increase in traffic at the remaining open crossings. This has led to long queues and caused commuters to seek alternative routes, impacting the surrounding areas.

In recent years, several small border crossings between Austria and Hungary have been closed, such as the one between Ágfalva and Schattendorf. The municipality of Klingenbach, located a few kilometres from the border crossing in Sopron, took the initiative to close the road between Klingenbach (Kelénpatak) and Siegendorf (Cinfalva) to reduce traffic from Hungary. This closure, approved by the province and implemented with concrete barriers, has made it difficult for Hungarian commuters who previously used this route to reach their workplaces in Austria.

The increase in traffic has also affected the Austrian side, with more municipalities taking measures to control the flow of vehicles. For example, the border crossing between Ágfalva and Schattendorf now requires a permit that costs 160 euros and is valid for two years. These restrictions have led to a build-up of parked cars near the border, with some people opting to walk or cycle to work instead. The situation has resulted in legal action, with a law firm suing the Austrian town of Schattendorf for breaching the EU's Schengen law, which requires the smooth flow of traffic at internal borders.

The closure of border crossings has had a significant impact on commuters, particularly Hungarians who work in Austria. It is estimated that 10-15 thousand Hungarians are affected by the closures, as they commute daily to their jobs in Austria, where wages are higher. The Hungarian mayor of Sopron, Ciprián Farkas, criticised the border closures as unfriendly and discriminatory, harming community law and freedom of movement within the European Union. He has called for urgent talks with the Austrian government and suggested connecting the Austrian A3 motorway and the Hungarian M85 high-speed road to reduce traffic at the border crossing.

The border closures have caused not only increased traffic but also tensions between the two countries. Politicians in Austria have been accused of generating an anti-Hungarian atmosphere, and there have been reports of minor damages to Hungarian cars. The situation has attracted media attention and led to discussions about the potential impact on economic relations between the two countries, with Hungarian workers contributing significantly to the Austrian economy.

Legal action against border closures

I could not find information on Austria's border being closed. However, I found information on legal action against border closures in other countries.

In June 2021, the Biden administration threatened to take legal action against Texas Governor Greg Abbott if he did not rescind his order to shut down federally funded shelters that housed migrant children who crossed the US-Mexico border without their parents. The deputy general counsel for the US Department of Health and Human Services warned Abbott that his state's decision to close the shelters would "be a direct attack" on the federal immigration system. The letter urged Abbott to clarify whether his proclamation applied to 52 shelters that are licensed by the state but funded by federal grants.

In another instance, an international law office launched a compensation lawsuit against the Austrian municipality of Schattendorf, claiming that the closure of a border crossing with Hungary violated EU law. The lawsuit argued that Hungarians who wanted to cross the border had to walk more than 30 kilometres, causing inconvenience and hardship. However, the claim was dismissed by the Austrian provincial court.

In Australia, hardline state premiers who imposed tough COVID-19 border closures were vulnerable to legal challenges. Constitutional lawyer Professor Kim Rubenstein stated that anyone negatively affected by a state's refusal to open borders could take legal action. She explained that Section 92 of the Australian constitution was "motivated by a desire to travel freely across the country" and was intended to discourage any restriction of travel within Australia. Rubenstein suggested that states that withdrew from the national COVID-19 roadmap would be more vulnerable to legal action, as their decisions could be seen as disproportionately protecting one state over another.

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