In line with similar measures taken by neighbouring countries, Belgium has decided to reinforce its internal checks within its territory this summer in response to rising concerns around irregular migration. Travellers entering and leaving Belgium can expect an increase in controls across highways, international train routes, bus services, and incoming flights, particularly from countries currently facing higher migratory pressure, such as Italy and Greece.
This will impact travellers both entering and leaving Belgium and the Belgian authorities reference articles 23 and 24 of the Schengen Border Code to justify the reinforcement of checks within the territory.
What is the Schengen Borders Code?
The Schengen Area, codified in the Schengen Borders Code, is a group of European countries that have agreed to remove internal border controls and promote free movement of people across participating countries.
Checks within the territory
However, the removal of internal border controls does not limit the ability of Member States to exercise police or other public powers within their own territory. In other words, Member States are still permitted to carry out internal checks under specific conditions set forth in Article 23 of the Schengen Borders Code, provided that these checks are not equivalent to border controls.
To ensure that such checks comply with the Schengen Borders Code and do not amount to a reintroduction of border controls, the competent authorities must meet several conditions. These internal checks must:
Temporary reintroduction of Border Control
These measures should not be confused with the formal reintroduction of internal border controls, the conditions for which are outlined in Articles 25 to 30 of the Schengen Borders Code. That process involves a different and more stringent set of rules and requirements for reinstating border controls.
In 2024, amendments to the Schengen Borders code came into force. Key changes include: new grounds for implementing border checks, such as public health concerns and the instrumentalization of migration; increased flexibility for Member States to reduce the number of border crossing points; and expanded use of surveillance measures.
The possibility for a Member State to reintroduce border controls is a sovereign prerogative, which cannot be refused by other Member States or by the European Commission. Nonetheless, any Member State wishing to implement this temporary reintroduction must notify the Commission accordingly.
Checks within Belgian territory: current status
Belgium has announced its intention to step up surveillance of individuals entering the country, in coordination with neighbouring countries. The basis for the reintroduction of such checks is twofold: to address irregular migration and, as amended last year, to respond to the instrumentalization of migration.
Such controls may be applied to highways, trains, international bus routes, flights from countries under high migratory pressure (e.g., Italy, Greece) – in short, any point of entry into or exit from Belgium.
The controls are intended for general policing purposes, including but not limited to identifying individuals without valid documentation. During these checks, individuals are required to present valid identity or residence documents. Those unable to do so may be issued an order to leave the territory.
Neighbouring countries such as France, Germany and the Netherlands have gone a step further by temporarily reintroducing border controls, in line with Article 25 and related provisions of the Schengen Borders Code. An overview of the required notifications can be found here.
What does this mean for individuals travelling in and out of Belgium
Travelers may be required to present valid identity documents, residence permits, or visas, depending on their status. It is therefore important for individuals to verify their status and ensure they carry the necessary documents, as well as confirm the destinations they are permitted to travel to.
Visa-exempt nationals should carefully monitor their time in the Schengen Area, as they are allowed to stay for a maximum of 90 days within any 180-day period.
Individuals awaiting the renewal or extension of their residence permits should carry the relevant supporting documents or annexes issued by national authorities, as proof of their legal status during the processing period.
It is also important to note that during certain residence permit extension periods, individuals may not be able to travel as freely as they would with a valid, issued permit. In some cases, travel outside the country that issued the permit or even within the Schengen Area may be restricted until the renewed permit is officially granted.
Additionally, two new EU border systems are expected to come into effect over the next two years:
Vialto can support you
Vialto can assist you in identifying the documents you must carry at all times, as well as understanding the conditions under which you may travel to neighbouring countries and re-enter Belgium.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Ajshe Miftari
Director
Fabian Gielis
Senior Associate
Marion Van Esch
Associate
Simply follow our Vialto Alerts page on LinkedIn and posts will be displayed on your feed. To ensure you don’t miss one, once you’re on our LinkedIn page, click on the bell icon under the banner image to manage your notifications.
Further information on Vialto Partners can be found here: www.vialtopartners.com
Vialto Partners (“Vialto”) refers to wholly owned subsidiaries of CD&R Galaxy UK OpCo Limited as well as the other members of the Vialto Partners global network. The information contained in this document is for general guidance on matters of interest only. Vialto is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Vialto, its related entities, or the agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this document or for any consequential, special or similar damages, even if advised of the possibility of such damages.
© 2025 Vialto Partners. All rights reserved.