What if Palantir were to do well in Schengen?

Even for those who are distracted or not particularly well-versed in the subject, it took just a few minutes to realise that the notorious Tajani theorem on Ceuta – suspending Schengen and closing the borders with Spain to prevent an ‘invasion’ – didn’t hold water. Spain does not border Italy, and Ceuta is in Africa: swimming there is out of the question. Those in the know, however, soon informed us of the existence of more compelling facts and rules. Ceuta (along with Melilla) is a Spanish exclave on the African mainland; it is not part of the Schengen area, and identity documents are required to travel from Ceuta to Spain and to other European countries. Furthermore, undocumented migrants cannot leave the exclave without undergoing strict checks and obtaining permits. We were then reminded – as Tajani would have it – that the regularisation of migrants is a national competence and, in any case, regularised migrants cannot automatically and freely move about within the EU.

Now that we have all become experts in international and EU law and in the regulations governing the free movement of people within the European Union – by air, land, sea and even by swimming – we have finally read and heard many reassuring opinions (or simply those driven by polemics against the sovereignist Italian government) that the current rules work – we are not referring here to exceptional events, such as those in Ceuta or Lampedusa in 2023 – and that it is sufficient to monitor or prevent the movement of irregular migrants, even once they have entered the famous ‘land of milk and honey’ known as the Schengen Area. Everyone should feel reassured by this. Although the fact that, at Tuesday’s summit of European interior ministers following the Ceuta alert, the alert level regarding external border controls and regularisation mechanisms was raised – for now, only in words – suggests that things are not quite so calm. Or at least they are not perceived as such. In any case, if, once people have entered the Schengen countries, the existing rules are indeed sufficient and nothing else is needed, one can only be pleased. But is everything really all right as it stands?

If we put ourselves for a moment in the shoes of those citizens who know little about the rules, some curious questions may arise. Questions which, curiously enough, are usually excluded from the debate. Simple questions, but by no means trivial. The Schengen acquis, which regulates free movement across internal borders, applies to citizens of member states and to other citizens who have entered or are residing legally in a Schengen country. For immigrants and undocumented migrants, the rules are different: but even documented migrants cannot move freely and are subject to checks. With all due respect to Tajani, in short, if you don’t have a permit, they won’t let you through. There are, of course, a number of sub-categories and specific cases, such as short-stay permits that non-EU citizens can obtain for work or tourism. Otherwise, there are checks. Yes, but who carries out these checks? If you’re in the Schengen area, the only document you’re asked for when travelling to another Schengen country by plane is the ID card that Ryanair asks for when you buy a ticket. In short: internal checks are carried out by private companies, or at most by national airlines. But what if you’re travelling by train? You’re not required to show any ID to buy a ticket from Mantua to Hamburg. Nor is it needed for a Flixbus journey. There’s a chance that ticket inspectors might ask for it, and so there’s a formal obligation to have valid documents, but checks are random. (Yes, there’s a whole body of literature on the authorities’ hunt for migrants, but that’s another matter). And what if you’re driving from Genoa to Ghent? In that case, the only check is the Telepass at the toll booth, which is linked to an identity document and (most importantly) a credit card. No other checks. If an undocumented migrant were travelling in a car borrowed from an acquaintance, who on earth would check them? Of course, here too, the literature and a sad body of case studies show that, if a person of African origin drives past in a car with Italian number plates, they will certainly be checked. Of course, the law stipulates that upon arrival in a new country – other than the one in which they first disembarked, applied for asylum or sought regularisation – they must be intercepted and checked. Statistically, this does not happen often. In any case, once again, the only real checkpoint would be entrusted to a private company: the providers of electronic toll collection services (EETS, European Electronic Toll Service). Is this really sufficient, or even normal? Above all, is it legal? At this point, one might wonder whether improvements are possible: for example, requiring identification to board a train. Or, if we accept that internal Schengen checks are carried out by private companies, why not contract them out directly to someone who knows what they’re doing? In short, why not Palantir – even without facial recognition – instead of ITA Airways? Perhaps there would be fewer loopholes than in the Schengen system, which is full of patches.