Permissible ID checks in EU Member States – I need your help

Screen Shot 2013-02-11 at 12.42.35

As regular readers of this blog know, the problems within the Schengen Area have been giving me cause for concern over the last few months. I have been wondering what best to do in light of my experiences, and my current plan is to find a way to more systematically document breaches of the Schengen Area rules.

But the problem is then: what are the rules? And where does EU law end and national law begin?

Here is where I need readers’ help before I can work out how to document breaches.

The essential issue is that, if asked, a policeman asking to see a passport or ID at a border should say that they are not conducting a border control, but they are performing an identity check on the territory of a Member State. So what then is a permissible identity check? This is important because a police officer may exceed what he/she is allowed to do under national law.

We know what identity documents are permissible in each Member State – that is laid out in detail in the PRADO database here. What we do not have a list of is what a police officer can demand of a citizen, and under what circumstances.

So ask yourself this question: if you are on the street in the centre of the capital city of one of the 26 Schengen Area Member States, and you are stopped by a police officer and asked to prove your identity, what do you have to show? Please comment below explaining the situations you are aware of.

So far I am aware of the following:
Denmark has no national ID card system, so if a police officer asks me to prove my identity on the street in Copenhagen I have to only give my name, date of birth, and address. I do not have to show ID. From this data a police officer could determine my CPR number if I am resident in Denmark, and from that has access to a whole lot more information. If I am a non-resident EU citizen I could be asked to present myself with ID at a police station within a certain period of time. (see more here, inc. comments)
Netherlands has a compulsory national ID card system, and this applies to EU nationals in Netherlands. If a “valid reason” is given by a police officer this ID has to be shown – this of course would prevent IDs being demanded from every person in a bus or a train, unless one is in a security risk area (such as Schipol Airport) where ID can be demanded.
Greece has a compulsory ID card system, so if ID is demanded by a police officer then it has to be shown. This applies to EU nationals as well as Greek nationals.

Share this
  • 11.02.2013
  • 41
Jon Worth's Euroblog
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.