7 ms·

What you've described may not necessarily be the "equivalent to the exercise of border checks". That depends on what would have happened had you not complied.

by derriz 5y ago

What you've described may not necessarily be the "equivalent to the exercise of border checks". That depends on what would have happened had you not complied. In France if you are unable to produce an acceptable ID, you're taken to a police station where you're held until your identity is established. Once established, you'd have been allowed to go your way. It would only constitute "the exercise of border checks" if the response to your non-compliance was to escort you back to the country where you boarded the train. I'd be surprised if that's what generally happens. One instance I observed on a train going through Switzerland involved an English-speaking student. It took a while but after some discussion and the police making a few phone calls seemingly to their satisfaction, warning her to carry appropriate ID in future.

waffleiron 5y ago
>It would only constitute "the exercise of border checks" if the response to your non-compliance was to escort you back to the country where you boarded the train. Not true according to the regulation: > ‘border control’ means the activity carried out at a border, in accordance with and for the purposes of this Regulation, in response exclusively to an intention to cross or the act of crossing that border, regardless of any other consideration, consisting of border checks and border surveillance; Note, it covers "response to crossing a border" and includes "border surveillance". edit: For full context: > ‘border checks’ means the checks carried out at border crossing points, to ensure that persons, including their means of transport and the objects in their possession, may be authorised to enter the territory of the Member States or authorised to leave it; > ‘border surveillance’ means the surveillance of borders between border crossing points and the surveillance of border crossing points outside the fixed opening hours, in order to prevent persons from circumventing border checks;

by derriz 5y ago

waffleiron 5y ago

>It would only constitute "the exercise of border checks" if the response to your non-compliance was to escort you back to the country where you boarded the train. Not true according to the regulation: > ‘border control’ means the activity carried out at a border, in accordance with and for the purposes of this Regulation, in response exclusively to an intention to cross or the act of crossing that border, regardless of any other consideration, consisting of border checks and border surveillance; Note, it covers "response to crossing a border" and includes "border surveillance". edit: For full context: > ‘border checks’ means the checks carried out at border crossing points, to ensure that persons, including their means of transport and the objects in their possession, may be authorised to enter the territory of the Member States or authorised to leave it; > ‘border surveillance’ means the surveillance of borders between border crossing points and the surveillance of border crossing points outside the fixed opening hours, in order to prevent persons from circumventing border checks;