What is German police doing at German/Austrian borders? &quot;Border checks&quot; or &quot;border surveillance&quot;?
<p>Let's start with a definition of <strong>&quot;border controls&quot;</strong> according to Article 2 of EU Regulation 2016/399:</p>
<p><strong>‘border control’</strong> 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, <strong>consisting of border checks and border surveillance</strong>;</p>
<p>Continue with <strong>&quot;border checks&quot;</strong>, <strong>&quot;border surveillance&quot;</strong> and <strong>&quot;border crossing point&quot;</strong></p>
<p><strong>‘border checks’</strong> means the checks carried out <strong>at border crossing points</strong>, 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;</p>
<p><strong>‘border surveillance’</strong> means the surveillance of borders <strong>between border crossing points</strong> and the surveillance of border
crossing points outside the fixed opening hours, in order to prevent persons from circumventing border checks;</p>
<p><strong>‘border crossing point’</strong> means any crossing-point authorised by the competent authorities for the crossing of external
borders;</p>
<p>I have a &quot;refusal of entry&quot; from German police according ANNEX V, PART B of EU Regulation 2016/399 at <strong>&quot;border crossing point&quot;</strong> &quot;Kiefersfelden / BAB93&quot;. This refusal of entry is issued only at external Schengen border. Therefore, German police claims they are doing border controls equivalent to external Schengen border.</p>
<p>This &quot;refusal of entry&quot; at <strong>&quot;border crossing point&quot;</strong> clearly indicates that we are talking about <strong>&quot;border checks&quot;</strong> within the definition in Article 2 of EU Regulation 2016/399.</p>
<p>Moreover, this person was accused of a criminal offense of illegal border crossing according to Article 95 of AufenthG and was deported to Austria (all, including the refusal of entry, is clearly stated in documents I posses. It is really just one event, not 2 independent events.)</p>
<p>This would indicate that we talk about <strong>&quot;border surveillance&quot;</strong> within the definition in Article 2 of EU Regulation 2016/399. The person was travelling on a regular bus lane from Switzerland to Austria. Therefore, it is clear that the bus driver was not trying to avoid <strong>&quot;border crossing point&quot;</strong>. Therefore, <strong>&quot;border surveillance&quot;</strong> does not make any sense here.</p>
<p>To complicate things, both <strong>&quot;border checks&quot;</strong> and <strong>&quot;border surveillance&quot;</strong> within the definition of Article 2 of EU Regulation 2016/399 are not possible and therefore illegal without <strong>&quot;border crossing points&quot;</strong>.</p>
<p>Germany never provided <strong>&quot;border crossing points&quot;</strong> when reintroducing border controls according to Article 25 of EU Regulation 2016/399, violating the procedure in Article 27(1)c of EU Regulation 2016/399. This could be verified here:</p>
<p><a href="https://ec.europa.eu/home-affairs/what-we-do/policies/borders-and-visas/schengen/reintroduction-border-control_en" rel="nofollow noreferrer">https://ec.europa.eu/home-affairs/what-we-do/policies/borders-and-visas/schengen/reintroduction-border-control_en</a></p>
<p>and</p>
<p><a href="https://ec.europa.eu/home-affairs/sites/homeaffairs/files/e-library/documents/policies/borders-and-visas/schengen/docs/lists_of_ms_notifactions_article_39.pdf" rel="nofollow noreferrer">https://ec.europa.eu/home-affairs/sites/homeaffairs/files/e-library/documents/policies/borders-and-visas/schengen/docs/lists_of_ms_notifactions_article_39.pdf</a></p>
<p>Despite all this, German police pretends they are conducting border controls equivalent to external Schengen border (the refusal of entry according to ANNEX V, PART B of EU Regulation 2016/399 is a sufficient proof). Moreover, they lie to the &quot;refusal of entry&quot; that it happened at <strong>&quot;border crossing point&quot;</strong> &quot;Kiefersfelden / BAB93&quot; despite such <strong>&quot;border crossing point&quot;</strong> legally does not exist.</p>
<p><strong>Finally, does German police conduct &quot;border checks&quot; or &quot;border surveillance&quot; within the meaning of Article 2 of EU Regulation 2016/399?</strong> Or something else?</p>

<p>This is a partial answer addressing one paragraph of the question:</p>
<blockquote>
<p>I have a &quot;refusal of entry&quot; from German police according ANNEX V, PART B of EU Regulation 2016/399 at &quot;border crossing point&quot; &quot;Kiefersfelden / BAB93&quot;. This refusal of entry is issued only at external Schengen border. Therefore, German police claims they are doing border controls equivalent to external Schengen border.</p>
</blockquote>
<p>For internal border controls, any provision pertaining to external border controls may be adopted under Article 32:</p>
<blockquote>
<p>Article 32</p>
<p>Provisions to be applied where border control is reintroduced at internal borders</p>
<p>Where border control at internal borders is reintroduced, the relevant provisions of Title II shall apply <em>mutatis mutandis.</em></p>
</blockquote>
<p>Title II comprises articles 5 through 21, and the article specifying the refusal of entry form is article 14, So whether it is appropriate for a police officer to issue the form depends only on whether the form is <em>(mutatis mutandis)</em> &quot;relevant.&quot;  It seems likely that any judge would find that it is.</p>

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