34
votes
Is it illegal to take pictures of the police in public in Germany?
No, but...
It is not an offense to photograph people, especially if they are just caught at the edge or out of the center of the photography. However you do not have a right to photograph people ...
12
votes
Accepted
Can an EU country close its border (rather than introduce temporary border control)?
Note that the reintroduction of border controls provided for in the Schengen Borders Code does not restrict free movement more than slightly: EU citizens and others who enjoy free movement should be ...
6
votes
Can an EU country close its border (rather than introduce temporary border control)?
While Schengen is mainly about border controls, freedom of movement rights stem mainly from the Citizens' Rights Directive.
In terms of restricting freedom of movement, Article 27(1):
Subject to ...
6
votes
Accepted
Can an expat with the origin from outside of the EU but with a permanent residence in Spain travel and work freely across the Schengen zone?
Different answers to different parts of the question. The various parts are best asked on Travel SE (for travel) or Expatriates SE (for work), stating the specific countries and nationalities.
With a ...
4
votes
Accepted
Helping willing people overstay their visa, cross borders illegally, get work permits: which crime is this?
You did not highlight the words "for the purposes of exploitation" in the quoted passage, which are a vital part of the definition. And in the scenario described, that is what makes the ...
3
votes
Helping willing people overstay their visa, cross borders illegally, get work permits: which crime is this?
The crime (if any) is called people smuggling
If, as you say in the title, someone assisted someone else to cross an international border unlawfully, then the person who crosses is an illegal entrant, ...
3
votes
What is the legal basis for a Schengen country embassy to call the hotel to confirm the applicant's reservation?
GDPR article 6(1) makes it legal if
(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
An ...
3
votes
Visa application refused in Germany
You were refused entry at a Schengen border control point because you intended to work but did not have the proper documentation to work. In order to work in the EEA you need to be an EEA national or ...
2
votes
Legal status of temporary reintroduction of border controls on internal Schengen borders according to Article 25 of EU 2016/399 by Germany
Lack of "authorised border crossing points" per Article 23
It's entirely possible that there are no authorised crossing points at the moment. The world is in the grip of a pandemic and there ...
2
votes
Schengen Area: What was the legal rationale for countries extending Temporary Reintroduction of Border Control beyond Nov. 2017?
Regarding Germany, Austria, Denmark, Sweden, and Norway, details can be found on the Commission website. According to the table of all notifications, they all periodically invoke the “security ...
2
votes
Is it legal for Maltese border officer to ask where an EU citizen is coming from?
In many european countries, officers can ask you where you are heading to (if Malta is only a stop, for instance) and where you are from. The fact that you are an EU citizen does not change anything, ...
2
votes
How can tax residency be proven within the EU?
As far as I recall, each European country has its own definition of tax residency. For instance, in Germany, you are considered subject to full income taxation if you:
• have at least one home in ...
2
votes
Accepted
Am I able to work in Germany but live in an overseas area of France?
Let me start off by quoting Wikipedia on Guadeloupe:
Guadeloupe, like the other overseas departments, is an integral part of France. As a constituent territory of the European Union and the ...
1
vote
Can European Union countries make vaccination against COVID-19 compulsory?
The ECDC and the European Parliament with the approval of the European Council probably has such power.
It is. But neither the Council of Europe nor any of its bodies have the power to create binding ...
1
vote
What is German police doing at German/Austrian borders? "Border checks" or "border surveillance"?
This is a partial answer addressing one paragraph of the question:
I have a "refusal of entry" from German police according ANNEX V, PART B of EU Regulation 2016/399 at "border ...
1
vote
Based on which law Germany shall remove illegal third-county citizens on German/Austrian borders?
Based on which law Germany shall remove illegal third-county citizens on German/Austrian borders?
For (non-German) EU Citizens and their Family Dependents who are not EU citizens:
for visits up to 3 ...
1
vote
Accepted
Period present in the country from OECD model tax convention
The model tax treaty comes with detailed commentary.
The Commentary on Article 15 (https://doi.org/10.1787/mtc_cond-2017-18-en) clears up these issues:
for the 183 day exemption,
all days with a ...
1
vote
Schengen visa refusal
This is a governmental decision of the government of France and due to the doctrine of sovereign immunity, you cannot get compensation unless the specific law specifically allows for it.
I cannot ...
Only top scored, non community-wiki answers of a minimum length are eligible
Related Tags
schengen × 21european-union × 10
germany × 7
borders × 6
visa × 5
immigration × 3
travel × 3
tax-law × 2
residency × 2
privacy × 1
police × 1
fraud × 1
data-protection × 1
human-rights × 1
covid-19 × 1
france × 1
photography × 1
passport × 1
vaccination × 1
refugee-law × 1
belgium × 1
human-trafficking × 1