Rules governing movement of persons across the borders
Schengen rules governing the movement of persons across borders are determined by the Schengen Borders Code.
All persons and goods, crossing the external borders of the Schengen area are subject to checks. During the border check, it is distinguished between persons who enjoy the Community right of free movement (Schengen/EU and Liechtenstein nationals including their family members) and those who are third-country nationals.
While the aim of the border check carried out on nationals of EU (and above stated countries) is to verify their identity and the validity of their travel documents, third-country nationals are subject to a thorough check, which comprises of verification of their identity, passport validity and compliance with all other conditions necessary for their entry and stay in the common area (e.g. purpose of the stay, means of subsistence for the duration of the intended stay, etc.).
There should be no checks at the internal borders, what refers to all persons. However, the freedom of movement in the common area is not absolute. Even after the abolition of border checks it is necessary to obey rules stemming from legislation of the hosting member states. Schengen does not change any local restrictions resulting e.g. from traffic regulations, nature protection, landscape or private property. Likewise, there are differences in the particular member states regarding to e.g. maximal allowed speed, tolerated alcohol blood alcohol while driving, deadlines for residence reporting, competences of law enforcement authorities etc.
Every member state has indeed a right - and in some measure, a duty - to exercise police powers in order to combat crime and illegal migration in compliance with its national legislation. Every Schengen state is thus able to carry out checks on persons on its own territory. However, these police powers and especially those carried out in the border regions, must fulfill the following rules:
- do not have border control as an objective,
- are based on general police information and experience regarding possible threats to public security and aim, in particular, to combat cross-border crime,
- are devised and executed in a manner clearly distinct from systematic checks on persons at the external borders,
- are carried out on the basis of spot-checks.
Schengen Borders Code (pdf, 1,86 MB)