Practical Guidance on Border Controls
At the end of July 2020, FRA published a practical guidance looking at border controls and fundamental rights at external land borders. The guidance aims at supporting border-management staff in the EU Member States in implementing the fundamental rights safeguards of the Schengen Borders Code (Regulation (EU) No. 2016/399) and related EU law instruments in their daily work. By outlining ‘dos’ and ‘don’ts’ in five core areas, the guidance intends to facilitate adherence with fundamental rights in the daily operational work of border-management staff conducting checks at border-crossing points and controls during border surveillance. It focuses on external EU land borders as well as land borders with non-Schengen EU Member States.
Advice and recommendations are given on how to treat every person with dignity as well as in a professional and respectful manner; how to identify and refer to vulnerable people; how to respect the legal basis, necessity, and proportionality principles when using force; how to apply safeguards when holding people at borders; and how to respect procedural safeguards and protect personal data.