Basic Information on Schengen Cooperation

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Rules for crossing borders

Within the Schengen Area, the rules for crossing borders are defined in a special regulation known as the Schengen Border Code (pdf, 2 MB). All persons and goods crossing the external borders of the Schengen states are checked. During the check, it is established whether  the persons checked enjoy  the Community right to free movement (citizens of the Schengen states and EU Member States and Lichtenstein, including their family members) or whether they are citizens of other countries (third country nationals).

While the purpose of checking the EU citizens is to verify their identity and the validity of their presented travel documents, third country nationals are subjected to a thorough check during which compliance with all the other conditions that must be satisfied in order for them to be able to enter and stay in the common area (for example, justification of the purpose of the stay, availability of sufficient funds for subsistence throughout the expected stay, etc.) is verified, in addition to their identity and validity of their passports.

At the internal borders of the Schengen states, border checks must not be carried out at all, which applies to all persons. However, the freedom of movement of persons across the internal borders of the Schengen Area is not absolute. Even after abolishment of the border checks, it is necessary to abide by the rules defined in the regulations of the given state. The Schengen Area does not affect local restrictions concerning road traffic rules, protection of the nature and landscape or private property in any way. Nor does it affect regulations defining, for instance, the speed limit, the tolerated alcohol content in blood when driving motor vehicles, the time limits for registering residency, the powers of the law enforcement authorities, etc.

Of course, the Schengen rules provide every state with the right – as well as impose an obligation to a certain degree – to continue to carry out policing for the purpose of combating crime and illegal migration in accordance with their national legislation. Thus, each Schengen state can carry out checks of persons in its territory. However, this policing – especially the policing carried out in near-border areas – must comply with the following Schengen rules:

• its purpose is not to protect borders,

• it is based on general police information and experience concerning possible threats to public security and its primary objective is to combat cross-border crime,

• it is planned and carried out in such way that it is distinctly different from the systematic checks of persons at the external borders,

• it is based on random checks.
  
  

These pages were originally created as a response to negative experiences of many Czech citizens with checks in the near-border areas in the period after the Czech Republic acceded to the Schengen Area. Although the number of complaints from travellers has considerably decreased in the recent times, the Ministry of the Interior continues to seek to minimise problems arising during travelling. The problem with checks still remains in the case of international bus lines, on which systematic mobile border checks of buses are carried out in the German territory only several kilometres from the border. If you encountered a check, which was carried out in a near-border area to an excessive scope and in an inappropriate manner and the justification for which you doubted, send an account of your experience to the Ministry of the Interior or find the relevant information in the Complaints section.

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