Your rights at Belgium's borders

To all demonstrators going to the European summit in Laeken in December 2001

It is likely that Belgium will suspend the Schengen Agreement and will reintroduce border controls around 10th December.

This note sets out the rights of persons wanting to enter Belgium and gives information as to who to contact if you are arrested at the border. Print it off and take it with you. The best way to assert your rights is is to know the legislation and the rights which can benefit you and to make this border authorities aware of that.

The reintroduction of border controls as a result of the suspension of the Schengen Agreement does not affect the rights granted to you uner Community law. Don't be fooled into thinking otherwise. Remember that if you are a citizen of the European Union (EU) you have the right to move freely. This right is recognized in Article 18 of the Treaty setting up the European Community, which concerns your rights as a citizen of the EU, and by Article 49 of the same Treaty regarding the use of services in Belgium.

If you are stopped at the border :

1. Have a valid identity card with you. Avoid passports unless you do not possess an identity card.

2. If you have forgetten these documents you cannot be sent back on these grounds nor can you be detained provisionally (as held by the court of justice in the case of the Commission and Belgium, 321/87 of 27 April 1989 and Royer, 48/75 of 8 April 1976). The only thing they can do is impose a fine.

3. If you are asked what you intend to do in Belgium, reply truthfully that you are there for reasons of tourism and to exercise your rights to participate in the demonstrations on 13, 14 and 15 December 2001 in Brussels.

4. If the border authorities refuse to allow you entry into the country, they can do so only on two cumulative conditions :

A. if they take measured action on individual grounds. They cannot therefore arrest en masse a group of people either in a bus, a coach or in the train (you can cite Council Directive 64/221/CCE of 25 February 1964 for the coordination of special measures regarding the movement of foreigners justified on grounds of public order, public security and public health, OJ 056/4464 p. 850) ; and

B. if you consitute a threat both genuine and sufficiently serious as to affect the fundamental interests of society (as held by the court of justice in the case of Adoui and Cornuaille and Belgium, 115-116/81 of 18 May 1982).

The border authorities do not therefore have the right to detain you on your journey (even if you have already been checked and arrested at previous demonstrations) unless they can justify their decision on the grounds that you present a real threat to public order, public security and public health (refer to Directive 64/221/CEE).

The border authorities can not declare a situation of general unrest in connection with the demonstrations (article 3 of Directive 64/221).

5. The authorities do not have the right to expel you without giving you written notice setting out precisely why you are being expelled and explaing your rights of appeal against the decision (articles 8 and 9 of Directive 64/221).

If you are arrested at the border or expelled, contact the Legal Team on 0473/73.12.77 ; 0495/44.44.73 ; 0473/54.53.15. Have your idenitity card or passport at hand and, if you have it, the written decision in order to be able to reply fully to the questions from the legal advisers there to help you.

Practical advice

- You can avoid being controlled as a group if you enter Belgium by car or crossing the border by foot. In addition, you can always try to cross the border at another point.

- If your name has been removed from any national "black list", take with you the notice of its removal.

- The fact that you have been checked and/or arrested at previous demonstrations or the fact that you have a police record does not in itself justify refusing you access to the country. the border authorities must specify in what way your personal behaviour may be liable to constitute a genuine and immediate threat to public order.

- If you think that your name may be included on any other "black list", contact the government department responsible for data protection (the protection of personal information) in your country.

If you are a citizen of a country which is not a member of the European Union, have your passport with you. The authorities have the right to stop you at the border but you may request a visa at the border and cite article 11 of royal decree dated 8 October 1981. If you are refused a visa by the border authorities contact the Legal Team on 0473/73.12.77 ; 0495/44.44.73 ; 0473/54.53.15.