Non-inspection of passports does violate Schengen Treaty after all

Fresh EU regulation defines minimum requirements for border control

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The decision by the Finnish Frontier Guard to stop inspecting passports of travellers crossing the from Finland into Russia is a violation of the Schengen Treaty after all.
      According to an EU regulation that came into force at the beginning of this year, passports of third country citizens have to be stamped every time they cross the Schengen border.
      In practice this means, for example, that the passports of Russians leaving Finland have to be stamped without exception.
     
The Finnish Frontier Guard admits that according to the Brussels statute the passports should be stamped. "However, under the present circumstances we have no way of carrying out all the required inspections", states Lt.Col. Vesa Huuskonen from the Frontier Guard General Staff.
      According to Tuomas Ojanen, professor of European Law at the University of Turku, the wording of the EU order is exceptionally clear and devoid of interpretations. "It is clear that the present practice violates the decree formally and literally. There are no loopholes."
      Ojanen argues that the EU regulations are the strictest of all the Union's decrees. "They cannot be overlooked. They are to be enforced as such immediately in every member state", Ojanen comments.
      The EU Commission, the body responsible for overseeing adherence to EU laws, has not yet commented on Finland's currently inadequate passport control practice.
     
A strike by personnel of the Finnish Frontier Guard led to a situation at the border between Finland and Russia on Tuesday in which there were no inspections of passports on the Finnish side for travellers leaving Finland at the Vaalimaa and Nuijamaa border crossings. Only sporadic inspections have taken place since then.
      "Russian border officials continue their inspections normally and have not taken up extra measures", Vesa Huuskonen explains.


Previously in HS International Edition:
  Non-inspection of passports of travellers going to Russia no violation of Schengen Treaty (2.6.2005)

Helsingin Sanomat