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Document 62019CN0554
Case C-554/19: Reference for a preliminary ruling from the Amtsgericht Kehl (Germany) lodged on 18 July 2019 – Criminal proceedings against FU
Case C-554/19: Reference for a preliminary ruling from the Amtsgericht Kehl (Germany) lodged on 18 July 2019 – Criminal proceedings against FU
Case C-554/19: Reference for a preliminary ruling from the Amtsgericht Kehl (Germany) lodged on 18 July 2019 – Criminal proceedings against FU
OJ C 357, 21.10.2019, p. 19–20
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
21.10.2019 |
EN |
Official Journal of the European Union |
C 357/19 |
Reference for a preliminary ruling from the Amtsgericht Kehl (Germany) lodged on 18 July 2019 – Criminal proceedings against FU
(Case C-554/19)
(2019/C 357/25)
Language of the case: German
Referring court
Amtsgericht Kehl
Party to the main proceedings
Staatsanwaltschaft Offenburg
Accused:
FU
Questions referred
1. |
Are Article 67(2) TFEU and Articles 22 and 23 of Regulation (EC) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (1) to be interpreted as precluding a national legislative provision which confers on the police authorities of the Member State in question the power to check the identity of any person, within an area of 30 kilometres from that Member State’s land border with other States that are party to the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, signed at Schengen (Luxembourg) on 19 June 1990, with a view to preventing or terminating unlawful entry into or [Or. 2] residence in the territory of that Member State or preventing certain criminal offences which undermine the security of the border, irrespective of the conduct of the person concerned or the existence of specific circumstances, and which is supplemented as follows by ministerial decree:
|
2. |
Is the law of the European Union, in particular the second subparagraph of Article 4(3) … TEU, Article 197(1) TFEU and Article 291(1) TFEU, to be interpreted as precluding, automatically or after weighing up prosecution interests and those of the accused party, the use of intelligence or evidence in criminal proceedings if it was obtained from a police check on the accused party that is contrary to Article 67(2) TFEU or to Articles 22 and 23 of Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code)? |