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Traveling - Rights and Obligations - Checks on persons


General framework

The European Union has the objective of the creation of an area without internal frontiers in which persons may move freely, irrespective of their nationality.

A number of measures accompanying the abolition of controls at the internal borders of the Union have, however, not yet been implemented, (notably measures for harmonizing checks at external borders and the strengthening of certain detailed arrangements for co-operation between police and judicial authorities). These measures are aimed at reinforcing security within the area without internal borders.

You may still, therefore, be subject to certain checks when crossing a border between two EU Member States.

On the other hand, those checks may not go beyond what is permissible under current Community legislation. You may therefore cross the internal borders of the Union simply on presentation of a valid passport or identity card. In principle no question may be put to you as to the purpose of your journey, your mean of subsistence, etc.

Moreover, there are now channels reserved for EU citizens and the members of their family at most airports and seaports. Their purpose is to enable EU citizens to cross borders more rapidly.

Passport checks in the case of members of your family who are not nationals of a Member State of the European Union may, where applicable, be aimed at establishing whether a visa has been issued and their status as a member of the family of a national of an EU Member State, i.e. the status that carries with it the right to enter the territory in question.

Moreover, in order to guarantee the security of their citizens, the competent authorities of the Member States may at all times and throughout their territory carry out identity checks, in accordance with national provisions.

Please note, therefore, that if you are not in possession of the necessary documents when checks are carried out, the competent authorities of the Member State to which you are traveling are entitled to turn you back at the frontier or take action to expel you from the territory in which you are entering.

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Special agreements

Some Member States have, in the context of special international agreements, already abolished or made more flexible the checks on persons at their common frontiers.

The Schengen Agreement provides for the abolition of checks on persons crossing a land border or who fly or take a ferry between two Schengen countries. Under the Agreement, however, Member States retain the right to invoke a safeguard clause. This allows them to reintroduce temporarily checks on persons at their frontiers should this be necessary on grounds of public order or national security.

Similarly, under the terms of the Common Travel Area, there are in principle no longer any checks on persons traveling between the United Kingdom and Ireland. Moreover, in the context of the Nordic Passport Union, Denmark, Finland and Sweden no longer carry out systematic checks on persons at their common frontiers.

However, although these agreements have made it possible to render more flexible or eliminate altogether checks at the borders between the countries that have signed them, the Member States concerned nevertheless retain the right, on the basis of their national legislation, to carry out identity checks throughout their territory on grounds of public order.

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source: European Commission

Rights & Obligations Consumers Personal Data Rights enforcement


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