Know Your Rights: At the Border, Or If You are Arrested

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:

1. what are your rights;
2. who to contact if you are blocked at the border;
3. 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:

1. The border official has no right to ask you why
   you are travelling (decision of the European Court
   of Justice: Commission v Netherlands 1992);
2. 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);

3. 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);

4. 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;

5. 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.