CJEU: Request for preliminary ruling (C-35/20, Finland) on right of citizens to move freely with EU territory

Date: 
Friday, April 10, 2020

The Supreme Court of Finland (Korkein oikeus) recently requested a preliminary ruling from the CJEU (C-35/20) on right of EU citizens to move freely within the territory of the European Union. The referring court invited the CJEU to consider the following questions:

1.Does EU law, in particular Article 4(1) of Directive 2004/38 and Article 21 of Regulation No 562/2006 (Schengen Borders Code), or [Or. 14] the right of EU citizens to move freely within the territory of the European Union, preclude the application of a national provision requiring a person (whether or not an EU citizen), under threat of criminal penalties, to carry a valid passport or other valid travel document when travelling from one Member State to another by pleasure boat via international waters without entering the territory of a third country?

2.Does EU law, in particular Article 5(1) of Directive 2004/38 and Article 21 of Regulation No 562/2006 (Schengen Borders Code), or the right of EU citizens to move freely within the territory of the European Union, preclude the application of a national provision requiring a person (whether or not an EU citizen), under threat of criminal penalties, to carry a valid passport or other valid travel document upon entering the Member State concerned from another Member State by pleasure boat via international waters without having entered the territory of a third country?

3.In so far as no obstacle within the meaning of Questions 1 and 2 arises under EU law: Is the penalty normally imposed in Finland in the form of daily fines for crossing the Finnish border without carrying a valid travel document compatible with the principle of proportionality that follows from Article 27(2) of Directive 2004/38/EC?


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Keywords: 
Freedom of movement (right to)