Introduction

Following the United Kingdom's exit from the European Union (Brexit), there has been considerable debate regarding whether Gibraltar will have a 'hard border' with Spain. This article explores the implications of Brexit on Gibraltar's border control, placing it in the context of its relationship with the Schengen Area and the Common Travel Area (CTA).

Background: The Schengen Area and EU

Spain, a member of the Schengen Area, has enjoyed open borders with other Schengen countries, which include 26 European nations. Notably, there are countries outside the European Union (EU) but within the Schengen Area, such as Iceland and Norway. The UK and the Republic of Ireland, despite leaving the EU, continue to participate in a 'mini Schengen' area through the CTA, allowing for relatively free movement of people.

Gibraltar's Status and Border Controls

The unique status of Gibraltar has always posed questions about its categorization. Unlike the broader Schengen Area or the CTA, Gibraltar has been managed as an entity of its own, with its own set of border controls in place.

Since the Brexit transition period ended, concerns have arisen about how Gibraltar's border with Spain will be managed. Currently, Gibraltarian residents and other Gibraltar residents can cross the border with a passport or ID card. EU citizens can enter Gibraltar with their EU ID cards, and Gibraltar travellers with permanent status use a Red ID Card, which is not stamped, whereas those who are non-permanent residents use a Blue ID card, which starts the 90-day timer in the EU.

Issues and Current Measures

There have always been issues with border controls between Gibraltar and Spain, even while the UK was part of the EU. Since the Brexit transition period, the Spanish government has chosen to increase these issues, leading to additional border controls and delays.

Currently, there are local temporary arrangements in place where customs checks are not required for British citizens before entering EU territories. However, this principle of one-way permissiveness is unsustainable in a real-world scenario, and England's position differs from that of the UK as a whole.

Current Border Practices

Despite the perception of a 'hard border,' Gibraltar's current border practices already resemble a hard border in some respects. Passports are required for border crossings, and bags are routinely checked for 'smuggled' goods, particularly tobacco. My own recent experience confirms this, as I crossed the border several times in a single visit to Gibraltar.

Conclusion

The status quo of border controls between Gibraltar and Spain is unlikely to change significantly due to the existing systems in place. The Spanish government, with a high unemployment rate, has a vested interest in maintaining fluid border crossings, as this provides employment opportunities for both Spaniards and Gibraltarians. Therefore, a 'hard border' as understood in the context of the Schengen Area or other EU member states is not imminent, despite the political tensions and historical issues that have existed.