A (Area of freedom, security and justice - movement of persons : Judgment) [2017] EUECJ C-9/16 (21 June 2017)

A (Area of freedom, security and justice - movement of persons : Judgment) [2017] EUECJ C-9/16 (21 June 2017)

National legislation authorizing police to conduct identity checks within 30 km of internal borders, irrespective of behavior or specific circumstances, is precluded by Articles 20 and 21 of Regulation (EC) No 562/2006 unless it provides a sufficiently precise and detailed framework ensuring that such checks cannot have an effect equivalent to border checks. Legislation permitting checks on trains and railway premises based on police experience is not precluded, provided the checks are subject to detailed rules and limitations ensuring selectivity and non-systematic application, which is for the referring court to verify.

Citation
[2017] EUECJ C-9/16
Parties
Accused: A; Referring Court: Amtsgericht Kehl (Local Court, Kehl, Germany)
Jurisdiction
European Union
Judgment Date
21 June 2017
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Judgment of the Court of Justice of the European Union (first Chamber)
Outcome
Preliminary ruling issued; interpretation of EU law provided for referring court's application.
Legal Topics
Schengen Borders Code, Internal Border Controls, Police Powers, Identity Checks, Free Movement of Persons, Compatibility of National Law With EU Law
European Union Law Criminal Law Administrative Law Schengen Borders Code Internal Border Controls Police Powers Identity Checks Free Movement of Persons +1 more

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Parties

A

Accused

Amtsgericht Kehl (Local Court, Kehl, Germany)

Referring Court

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Judgment of the Court of Justice of the European Union (first Chamber)

Legal Issues

  1. 1 Whether Articles 20 and 21 of Regulation (EC) No 562/2006 (Schengen Borders Code) preclude national legislation authorizing police to conduct identity checks within 30 km of internal borders irrespective of behavior or circumstances.
  2. 2 Whether the same provisions preclude national law permitting police to conduct identity checks on trains and railway premises based on police experience or knowledge.

Ratio Decidendi

National legislation authorizing police to conduct identity checks within 30 km of internal borders, irrespective of behavior or specific circumstances, is precluded by Articles 20 and 21 of Regulation (EC) No 562/2006 unless it provides a sufficiently precise and detailed framework ensuring that such checks cannot have an effect equivalent to border checks. Legislation permitting checks on trains and railway premises based on police experience is not precluded, provided the checks are subject to detailed rules and limitations ensuring selectivity and non-systematic application, which is for the referring court to verify.

Court Disposition

Preliminary ruling issued; interpretation of EU law provided for referring court's application.

Orders

  • Article 67(2) TFEU and Articles 20 and 21 of Regulation (EC) No 562/2006 preclude national legislation authorizing police to check the identity of any person within 30 km of the land border, irrespective of behavior or circumstances, unless the legislation provides a framework ensuring no effect equivalent to border...
  • Article 67(2) TFEU and Articles 20 and 21 of Regulation (EC) No 562/2006 do not preclude national legislation permitting police to conduct identity or border crossing document checks on trains and railway premises based on police experience, provided such checks are subject to detailed rules and limitations on...