Timeline for Is it legal to have 2 different standards for "checks within the territory" and when an (internal Schengen) border is crossed in Schengen area?
Current License: CC BY-SA 4.0
5 events
| when toggle format | what | by | license | comment | |
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| Sep 29, 2020 at 20:25 | comment | added | user108860 | You say that "all persons are required to have a valid travel document" this statement directly violates Article 3(a) of EU 2016/399 and Article 5(4) of EU 2004/38/EC. Have you ever heard about a "principle of proportionality"? CJEU is often using this principle... | |
| Sep 29, 2020 at 20:19 | comment | added | user108860 | Btw. Article 3 of EU 2016/399: This Regulation shall apply to any person crossing the internal or external borders of Member States, without prejudice to: (a) the rights of persons enjoying the right of free movement under Union law; Meaning EU 2004/38/EC. Meaning Article 5(4) of EU 2004/38/EC must be respected independent of what Schengen Borders Code is saying. | |
| Sep 29, 2020 at 20:07 | comment | added | user108860 | All persons are subject to TITLE III of EU 2016/399 when crossing internal Schengen border. TITLE III talks about abolition of border controls and about checks within the territory. Checks even in border area cannot be considered as border controls. You obviously have a problem to understand that Schengen area is a common immigration space with common rules like USA. Based on TITLE III persons are subject to Article 23(c) of EU 2016/399. Nothing more, nothing less. Article 23 applies for checks within the territory. | |
| Sep 28, 2020 at 18:47 | comment | added | Mark Johnson | Independent on whether there is an internal border check or not all persons are required to have a valid travel document when crossing any internal border. For EU Citizens: valid national ID or Passport ; for 3rd country citizens a passport (and for 3rd country citizens who are residents: also a residence permit/card). So it doesn't matter where, when or how a check is done. | |
| Aug 29, 2020 at 16:38 | history | answered | user108860 | CC BY-SA 4.0 |