This document is an excerpt from the EUR-Lex website
Document 62019CO0554
Order of the Court (Tenth Chamber) of 4 June 2020.
Criminal proceedings against FU.
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.
Case C-554/19.
Order of the Court (Tenth Chamber) of 4 June 2020.
Criminal proceedings against FU.
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.
Case C-554/19.
ECLI identifier: ECLI:EU:C:2020:439
Order of the Court (Tenth Chamber) of 4 June 2020 –
FU
(Case 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)
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1. |
Border controls, asylum and immigration – Community code on movement across borders – Abolition of border control at internal borders – Checks within the territory – National legislation conferring on the police authorities the power to check the identity of any person within an area of 30 kilometres from the land border of the Member State concerned with States parties to the Convention implementing the Schengen Agreement – Admissibility – Conditions – Verification by the national court (Art. 67(2) TFEU; European Parliament and Council Regulation No 2016/399, Arts 22 and 23) (see paras 26, 27, 38, 40, 53-57, operative part) |
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2. |
Preliminary rulings – Jurisdiction of the Court – Limits – Examination of the compatibility of national law with EU law – Not included – Providing the national court with full guidance on the interpretation of European Union law – Included (Art. 267 TFEU) (see paras 28-31) |
Operative part:
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.
( 1 ) OJ C 357, 21.10.2019.