You might find it helpful to print this out and take it with you.
Some people trying to go
to the Nice Summit in December 2000 were blocked at the border,
particularly between France and Italy and prevented from travelling. The
Italian Government has notified that it will have reinforced security in
place for the G8 Summit. This note is for those who want to go to Genoa:
(a) what are your rights;
(b) who to contact if you are blocked at the border;
(c) who to contact if you are arrested at the border or in Italy.
The imposition of border controls under Schengen does not affect
your rights in Community law set out here. Do not be fooled.
If you are a citizen of a
European Union State you have a right to move freely to Italy whenever you
wish. This right comes from Article 18 EC Treaty, your rights as a citizen
of the Union; and from Article 49 EC Treaty as a recipient of services in
Italy. The authorities can only interfere with that right to move (ie stop
you crossing the border) if they justify their actions in accordance with
EC law (contained in Directive 64/221). If you are crossing an EU border
into Italy know:
- The border official has no right to
ask you why you are travelling (decision of the European Court of
Justice: Commission v Netherlands 1992);
- The border official has no right to
stop you travelling unless he/she can justify this on the basis of you
being a threat to public policy, public security or public health
(Directive 64/221);
- The border official can only seek to
stop you travelling on the basis of public policy of public security
on the basis of your personal activities - the decision is illegal if
it is based on general disorder grounds (article 3 Directive 64/221);
- A private company, the national
railway or other transporter must also respect your right of free
movement; the railway company which blocks your train or the bus
company refuses to carry you is carrying out an illegal act unless it
can justify the action on the basis of the Directive;
- The Italian authorities cannot expel
you without giving you written notice of why you are being expelled
and an opportunity to appeal against the decision (Articles 8 & 9
Directive 64/221).
Help
if you have problems
If you are blocked at the border you need
(free) legal advice quickly. The European Community Advisory Service, a
non-governmental organisation based in Brussels has open a hotline for
your to call to get immediate advice. It is linked with a group of
non-governmental organisations in the Member States which will help you
and provide advice and assistance free of charge. This hotline and links
have been put in place to help you exercise your right to demonstrate.
They will advise you on your rights, and where possible enter into contact
with the authorities on your behalf and try to get you admitted to Italy
or challenge your expulsion. If this is not possible, if they can, they
will take up your case and seek compensation for your against the State
for a breach of your rights.
What
to do
Telephone (English, French, Spanish, Italian
and German):
00 32 2
548 0494
� the ECAS hotline
where a lawyer will advise you (free) and immediately. There is more than
one line. If you need more help and/or to start a court action we will
refer you to a national association of lawyers who can help you free of
charge.
Have ready: your name and
nationality; a contact address or phone number; where are you; a short
description of what has happened: ie where you started your journey, what
the mode of transport is, who has blocked you; what you have been told by
the official or company. If you cannot call, email on [email protected].
What
they will do
They will advise you immediately
on what to do next, what your rights are, and the likelihood of a quick
solution. They will get a national non-governmental organisation to
contact you as soon as possible with help on national and EU remedies.
What
languages
They have people ready to help
you in: English, French, German and Italian.
This message is from an
alliance of progressive lawyers associations across Europe who are working
together to protect the right to demonstrate in Europe.
Further
info
There is more legal info, and more helpline numbers, on the Genoa
Social Forum website.
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