22.9.2012   

EN

Official Journal of the European Union

C 287/17


Reference for a preliminary ruling from the Raad van State (Netherlands), lodged on 4 June 2012 — A. Adil; other party: Minister voor Immigratie, Integratie en Asiel

(Case C-278/12)

2012/C 287/30

Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings

Appellant: A. Adil

Other party: Minister voor Immigratie, Integratie en Asiel

Questions referred

1.

Must Article 21 of the Schengen Borders Code (1) be interpreted in such a way as to preclude the exercise of a national power, as conferred in Article 50 of the Vreemdelingenwet 2000 (Law on Foreign Nationals 2000) and set out in greater detail in Article 4.17a of the Vreemdelingenbesluit 2000 (Decree on Foreign Nationals 2000), to carry out checks on persons in areas behind internal borders with a view to establishing whether those persons satisfy the requirements for lawful residence laid down by the Member State concerned?

2.

(a)

Does Article 21 of the Schengen Borders Code preclude national checks, such as those referred to in Article 50 of the Vreemdelingenwet 2000, from being carried out on the basis of general information and experience regarding the illegal residence of persons at the place where the check is to be carried out, as referred to in Article 4.17a(2) of the Vreemdelingenbesluit 2000, or should there be concrete indications, when such checks are carried out, that an individual on whom checks are to be carried out is illegally resident in the Member State concerned?

(b)

Does Article 21 of the Schengen Borders Code preclude such a check from being carried out with a view to obtaining the general information and experience-based data regarding illegal residence referred to in (a) above, if this occurs to a limited extent?

3.

Must Article 21 of the Schengen Borders Code be interpreted in such a way that the restriction of the power to carry out checks in such a way as that described in a statutory rule such as Article 4.17a of the Vreemdelingenbesluit 2000 constitutes a sufficient safeguard for the purpose of ensuring that a check cannot in fact have the effect of a border check prohibited by Article 21 of the Schengen Borders Code?


(1)  Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ 2006 L 105, p. 1).