Freedom and security for travellers
The Schengen provisions abolish checks at EU’s internal borders, while providing a single set of rules for controls at the external borders applicable to those who enter the Schengen area for a short period of time (up to 90 days).
The Schengen area relies on common rules covering in particular the following areas:
- crossing the EU external borders, including the types of visa needed,
- harmonisation of the conditions of entry and of the rules on short stay visas (up to 90 days),
- cross-border police cooperation (including rights of cross-border surveillance and hot pursuit),
- stronger judicial cooperation through a faster extradition system and the transfer of enforcement of criminal judgments,
- the Schengen Information System (SIS) and
- documents needed for travelling in Europe.
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Police checks and temporary border controls
Any person, irrespective of their nationality, may cross the internal borders without being subjected to border checks. However, the competent national authorities can carry out police checks at internal borders and in border areas, provided that such checks are not equivalent to border checks. The non exhaustive list of criteria allowing to assess if police checks is equivalent to border controls is set out in the Schengen Borders Code. The Code is complemented by relevant case-law of the Court of Justice. It includes the following elements:
- the police checks do not have border control as an objective,
- are based on general police information and experience,
- are carried out in a manner clearly distinct from systematic border checks on persons at the external borders,
- are carried out on the basis of spot-checks.
The police carry out checks under the national law of the Schengen country. Depending on the exact purpose, they can, for example, include identity checks.
For more information on police checks in internal border areas see cases of the European Court of Justice C-188/10 (Melki), C-278/12 (Adil) and C-444/17 (Arib).
