Freedom of movement is a defining principle of the EU, and the ability to move within the EU without facing checks at internal borders is one of its most successful achievements.

An area without internal border controls which enables the free movement of citizens, workers, goods and services is essential to the success of the single market and to Europe’s continued efforts to boost economic growth.

Unfortunately, the challenges to Schengen continue to grow across the Member States. Once again, complaints have been made regarding the existence of controls at internal borders. This time, the complaints, accompanied by detailed data, concern the checks that the German authorities are systematically carrying out on Czech buses in border areas. According to the statistics presented in February 2012, around 55.3 % of buses passing through Germany are checked.

Meanwhile, on 11 May 2012 a Dutch Court ruled that the checks carried out since 1 June 2011 by the Dutch authorities under the ‘Mobiel Toezicht Veiligheid’ on the basis of Article 4(17)(a) of the ‘Vreemdelingenbesluit 2000’ have the same effects as border controls and are in clear violation of the Schengen rules, specifically Articles 20 and 21 of the Schengen Borders Code.

Is the Council aware of these facts? Does the Council believe that something should be done to stop this systematic infringement of the Schengen rules?

Does the Council believe that this growing trend testifies to the need to create a real European Schengen Evaluation Mechanism?

Tabled: 26.6.2012

Forwarded: 27.6.2012

Deadline for reply: 18.7.2012