Article 23 — Checks within the territory
Schengen Borders Code, Regulation (EU) 2016/399
What does SCHENGEN-BORDERS-CODE Article 23 say?
Short answer, straight from the official text
The absence of border control at internal borders shall not affect: (a) the exercise of police powers by the competent authorities of the Member States under national law, insofar as the exercise of those powers does not have an effect equivalent to border checks; that shall also apply in border areas.
Source: Schengen Borders Code, Regulation (EU) 2016/399, read 2026-10-13.
| In the act | EU 2016/399 |
| CELEX | 32016R0399 |
| Read on | 2026-10-13 |
Official text
Read from the EU Publications Office for this CELEX number. The wording stands as published; nothing here is rewritten or summarised.
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The absence of border control at internal borders shall not affect:
(a) the exercise of police powers by the competent authorities of the Member States under national law, insofar as the exercise of those powers does not have an effect equivalent to border checks; that shall also apply in border areas. Within the meaning of the first sentence, the exercise of police powers may not, in particular, be considered equivalent to the exercise of border checks when the police measures:
(i) do not have border control as an objective;
(ii) are based on general police information and experience regarding possible threats to public security and aim, in particular, to combat cross-border crime;
(iii) are devised and executed in a manner clearly distinct from systematic checks on persons at the external borders;
(iv) are carried out on the basis of spot-checks;
(b) security checks on persons carried out at ports and airports by the competent authorities under the law of each Member State, by port or airport officials or carriers, provided that such checks are also carried out on persons travelling within a Member State;
(c) the possibility for a Member State to provide by law for an obligation to hold or carry papers and documents;
The article continues in the official text.
The text is quoted from the official source and is not legal advice. A national court reads the language version that binds in its jurisdiction.
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