Complaints
Options for filing a complaint
Abolishment of checks at the internal borders after accession to the Schengen Area is a fundamental change concerning travel to neighbouring countries and other European countries. However, many citizens have encountered a new form of police checks which caused a wave of complaints. These problems concerning correct application of Schengen rules are monitored by the European Commission which offers the opportunity to report potential violations of the Schengen rules on free movement of persons.
The current experience shows that if a complaint is to have a chance of being properly examined, it must meet all the requirements defined by the laws of the country in which the complaint is lodged. Depending on the objectives you wish to achieve, you have the following three options:
- To lodge a complaint directly with the authority that performed the check or its superior authority
- To contact the Czech Ministry of the Interior and to use its electronic form
- To notify the European Commission
Lodging a Complaint Directly with the Checking Authority or Its Superior Authority
This is the standard procedure for lodging complaints. A complaint can be lodged directly with the checking authority or its superior authority. Normally, it should be lodged in writing in the official language of the country in question. Clear identification of the complainant is required.
The experience of the Ministry of the Interior has shown that the main reason for rejecting complaints has usually been lack of evidence that would clearly indicate breach of regulations by the checking officials. Therefore, try to include as much of the following information in your complaint as possible:
- Your name, surname and contact postal address, and your e-mail address or telephone number, if applicable,
- The signature of the complainant if the complaint is in writing
- The name, service number of the checking official or some other identification of the checking official,
- The licence plate number of the service vehicle whose crew took action,
- The place and time of the check
- Witnesses, if any
- The behaviour of the authority that is the subject of the complaint
- Which right of the complainant was violated and in what way,
- An account of what the complainant seeks,
- As many other specific pieces of information that can help with the investigation as possible
- Any supporting proof (proof of payment of the security deposit, photographs or an audio/video recording according to the national rules)
If you decide to lodge a complaint in this way, we recommend that you acquaint yourselves with the rules for lodging complaints defined in German legal regulations.
You can find some basic contacts to foreign police and customs authorities in the Links section.
Contacting the Ministry of the Interior and Using the Electronic Form
Most complaints in the past have been lodged against German authorities. For this reason, the Ministry of the Interior proceeded to create this form, the purpose of which is to simplify the process of lodging complaints against German authorities, whereby the Ministry of the Interior forwards your complaint to the liaison officer at the German embassy for investigation. The experience of the Ministry of the Interior has shown that complaints mainly fail due to the lack of evidence that would clearly indicate violation of regulations by the checking officials. The complaint form, if filled in completely, will contain all the basic information that should make proper examination of every complaint possible. However, it is still necessary to keep in mind that the complaint will be examined by the authorities of Germany according to German legislation governing the process of filing complaints.
Complaint form (pdf, 124 kB)
How to use the form:
1. Filling in the Form
Fill in the form as completely and accurately as possible. A detailed description of the event increases the chance of proper examination.
2. Sending options
- sending the form via the Web client by clicking the button
- saving the form in a computer and subsequently sending it by e-mail
- sending it by post (after printing out the form)
Do not forget to attach additional documents that could support your claims stated in your complaint.
3. Processing Complaints
After receiving your form, an official from the Ministry of the Interior will contact you, confirming that your complaint has been forwarded via the liaison officer for investigation. You will be in contact with this official throughout the processing of your complaint until the matter is closed.
Notify the European Commission
If you suspect violation of the rules for free movement of persons, you can also notify the European Commission. The European Commission issues a regular report on the functioning of the Schengen Area, which covers amongst other things the situation at the internal borders, including possible checks.
Contact form for notifying the European Commission.
Travelling to Germany - basic information