Many Schengen countries reintroduced border controls on internal Schengen border according to Article 25 of EU 2016/399. The procedure how to do it is described in Article 27 of EU 2016/399:
Article 27 Procedure for the temporary reintroduction of border control at internal borders under Article 25
- Where a Member State plans to reintroduce border control at internal borders under Article 25, it shall notify the other Member States and the Commission at the latest four weeks before the planned reintroduction, or within a shorter period where the circumstances giving rise to the need to reintroduce border control at internal borders become known less than four weeks before the planned reintroduction. To that end, the Member State shall supply the following information:
(a) the reasons for the proposed reintroduction, including all relevant data detailing the events that constitute a serious threat to its public policy or internal security;
(b) the scope of the proposed reintroduction, specifying at which part or parts of the internal borders border control is to be reintroduced;
(c) the names of the authorised crossing-points;
(d) the date and duration of the planned reintroduction;
(e) where appropriate, the measures to be taken by the other Member States.
Yet, especially after immigration crisis in 2015 most of the countries never supplied the names of the authorised crossing-points
Why is a list of authorized border crossing points not just a formality?
External Schengen border may be crossed only via border crossing points, internal Schengen border anywhere.
Border controls without border crossing points are simply not technically possible (How do you distinguish a refusal of entry at border crossing point vs. an illegal border crossing outside border crossing points?). Moreover, it is forbidden under Article 23 of EU 2016/399:
Checks within the territory
The absence of border control at internal borders shall not affect:
(a) the exercise of police powers by the competent authorities of the Member States under national law, insofar as the exercise of those powers does not have an effect equivalent to border checks; that shall also apply in border areas. Within the meaning of the first sentence, the exercise of police powers may not, in particular, be considered equivalent to the exercise of border checks when the police measures:
(i) do not have border control as an objective;
(ii) are based on general police information and experience regarding possible threats to public security and aim, in particular, to combat cross-border crime;
(iii) are devised and executed in a manner clearly distinct from systematic checks on persons at the external borders;
(iv) are carried out on the basis of spot-checks;
Border controls without border crossing points are clearly devised and executed in a manner clearly distinct from systematic checks on persons at the external borders and therefore illegal.
What happened to border crossing points when border controls have been reintroduced on internal Schengen borders (EU Regulation 2016/399)?
Are border controls without border crossing points legal?
Note: Consider German border controls on German/Austrian borders as a reference.
Note: AFAIK there is no case law from CJEU on this topic.
Note: Notifications to reintroduce border controls according to Article 25 of EU regulation 2016/399:
Example Poland 2016:
Border crossing points are in czech I found somewhere in polish. It is not ideal but border crossing points exist.
Note: Border crossing points according to notification based on Article 39 of EU Regulation 2016/399:
strictly speaking, border crossing points within the meaning of Article 2(8) of EU Regulation 2016/399 are only here. No other border crossing point exist And why not? If I am from other side of the planet, how can I find all border crossing points? I cannot make a research on every Schengen country, considering that next week everything may be different different.
Personal note: According to me all these Schengen states just wanted to increase exercising of police powers in the border area for obvious reasons and to keep European Commission quiet they claim that they reintroduced border controls according to Article 25 of EU 2016/399, despite they violated the procedure and actually never really reintroduced border controls. European Commission, to keep peace with Schengen states, "overlooked" the violation.
Personal note: Most of Schengen states do not really conduct formal border controls as at external Schengen border. Only Germany/Bavaria, from my experience, got crazy about border controls and they forgot common sense and border crossing points at the bottom of the Nord/Baltic sea (wanted to say ocean but Germany has no access to ocean)