A v Staatsanwaltschaft Offenburg

European Union – Freedom of movement. The Court of Justice of the European Union gave a preliminary ruling in which it decided, among other things, that art 67(2) of the Treaty on the Functioning of the European Union and arts 20 and 21 of Regulation (EC) No 562/2006 precluded German legislation which authorised checks to establish the identity of persons apprehended within a certain distance of the common border with other states which were parties to the Schengen Agreement, irrespective of the behaviour of the person concerned and of the existence of specific circumstances, unless that legislation laid down the necessary framework for that power, which was for the referring court to verify.

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