WRITTEN QUESTION P-1987/02

by Carlos Lage (PSE) to the Commission

(1 July 2002)

Subject: Free movement of persons within the Schengen area

On 22 June 2002, a group of some 500 Portuguese citizens who were on their way to Spain to take part in an authorised demonstration on the fringe of the European Council meeting in Seville were prevented by violent means from entering Spanish territory by members of the police. This incident occurred in the border locality of Vila Verde do Ficalho, in the Alentejo, and involved repressive actions by the Spanish authorities, who used truncheons against and manhandled members of the group of Portuguese citizens (among them a Member of the Assembly of the Republic), whose sole offence was to ask why they were not being allowed to cross the frontier. Spanish police offers even boarded the buses transporting the group and confiscated photographic and other visual material. There is no justification for procedures and actions of this nature, which are totally unacceptable in a Union which includes respect for fundamental rights and freedoms among its founding principles not even under the national security

considerations which may be invoked by all signatory states to the Schengen Agreement under its Article 2 to re-establish controls at its internal frontiers. There is no reason to suppose that this group of Portuguese citizens embodied any special threat, or indeed any threat at all, to the Spanish state; and even if that were the case, it is under no circumstances acceptable, whether in Spain, Portugal or any other EU Member State, for the authorities to react in so forcible and heavy-handed a fashion as the Spanish police did in this case.

What action does the Commission intend to take, in its role as guardian of the Treaties, to ensure that in future the freedoms (especially freedom of movement and freedom to demonstrate) and the fundamental rights of European citizens are not called in question as happened in this incident?

Joint answerto Written Questions P-1975/02 and P-1987/02given by Mr Vitorino on behalf of the Commission

(25 July 2002)

Article 2 (2) of the Convention implementing the Schengen Agreement stipulates that Member States can reintroduce border checks for a limited period where public policy or national security so require. This is done under exceptional circumstances, as a preventive measure to avoid the risk that people take advantage of free movement in order to endanger the public order or the public security of a Member State, notably when a demonstration is planned to take place there.

Border controls shall be carried out according to existing Community law in the field of free movement of Union citizens. In this respect it must be recalled that the right to free movement, conferred by the Treaty on the European Union to each citizen of the Union, can be restricted on grounds of public policy, public security or public health.

Measures taken on these grounds shall be based exclusively on the personal conduct of the individual concerned and be motivated by a present and sufficiently serious threat affecting one of the fundamental interests of society. Moreover, such measures must be applied in accordance with the principle of proportionality.

There is no doubt that citizens have the right to freely express their opinion and to assemble peacefully, rights reflected in the European Convention on Human Rights and in the Union Charter of Fundamental Rights. They must therefore be able to enjoy these rights without a threat to their security, to other people's security or to property. Member States are sometimes faced with the fact that people abuse these rights by taking advantage of legitimate public demonstrations to carry out acts of violence.

The Commission recalls that the primary responsibility for the maintenance of law and order lies with the Member States.

According to the above-mentioned provision, Member States can decide to introduce border checks for a limited period where public policy or national security so require. It depends thus on the assessment of Member States, whether border checks will be reintroduced during future summits.