|
31.8.2020 |
EN |
Official Journal of the European Union |
C 287/20 |
Order of the Court (Tenth Chamber) of 4 June 2020 — (request for a preliminary ruling from the Amtsgericht Kehl — Germany) — Criminal proceedings against FU
(Cases C-554/19) (1)
(Reference for a preliminary ruling - Area of freedom, security and justice - Regulation (EU) 2016/399 - Schengen borders code - Articles 22 and 23 - Abolition of internal border controls in the Schengen area - Checks within the territory of a Member State - Measures having an effect equivalent to border checks - Identity checks in the vicinity of an internal border of the Schengen area - Possibilities of checks irrespective of the behaviour of the person concerned or of the existence of specific circumstances - National framework concerning the intensity, frequency and selectivity of the checks)
(2020/C 287/29)
Language of the case: German
Referring court
Amtsgericht Kehl
Criminal proceedings against
FU
Intervening party: Staatsanwaltschaft Offenburg
Operative part of the order
Article 67(2) TFEU and Articles 22 and 23 of Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) must be interpreted as not precluding a national legislative provision 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 Schengen States, 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 conduct of the person concerned or the existence of specific circumstances, provided that that power is framed by sufficiently detailed specifications and limitations on the intensity, frequency and selectivity of the checks carried out, thereby guaranteeing that the practical exercise of that power cannot have an effect equivalent to border checks, which is, however, a matter for the referring court to verify.