Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/21/2017

Subject: The Court affirmed that the Schengen Borders Code precludes national legislation which confers on the police authorities of the Member State in question the power to check the identity of any person, within an area of 30 kilometres from that Member State’s land border with other States parties to the Convention implementing the Schengen Agreement, with a view to preventing or terminating unlawful entry into or residence in the territory of that Member State or preventing certain criminal offences which undermine the security of the border, irrespective of the behaviour of the person concerned and of the existence of specific circumstances, unless that legislation lays down the necessary framework for that power ensuring that the practical exercise of it cannot have an effect equivalent to that of border checks. However, the Court affirmed that this Code does not preclude national legislation which permits the police authorities of the Member State in question to carry out, on board trains and on the premises of the railways of that Member State, identity or border crossing document checks on any person, and briefly to stop and question any person for that purpose, if those checks are based on knowledge of the situation or border police experience, provided that the exercise of those checks is subject under national law to detailed rules and limitations determining the intensity, frequency and selectivity of the checks

Parties: A

Classification: Citizens’ rights - Art. 45 Freedom of movement

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