Wrongfully held at Italian passport control for over an hour (EU citizen): can I get financial compensation?
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Background for anyone who may not know: I, an EU citizen, have the right to enter any EU or Schengen state (in this case Italy) using either a passport or national ID card. It doesn't matter whether I fly from the UK, Turkey or even the US; Italy is Italy and so EU law applies.
The issue at hand: just flew Chisinau-Kyiv-Milan, and, at passport control in Milan, presented my ID card, but once the officer found I had flown from Kyiv, rejected it and demanded a passport, which I didn't have. He also demanded my boarding passes, which I had left on the respective aircraft.
I politely but firmly explained to him that, per the EU freedom of movement directive, I have the right to enter, and that it shouldn't matter to him where I flew from, but I might as well have been talking to the wall.
I was taken into custody for potential deportees where I was held for over an hour, partly involving two officers asking totally irrelevant questions such as whether I had a ticket back home (which I didn't as it was a re-routed flight - I blackrode trains back home) and insisted that, having flown from a non-EU state, I couldn't enter Italy on my ID card.
Eventually, though, I was handed back my ID and let go with no further explanation.
I've already got an email address to send a complaint to.
What I'd like to know is if, besides demanding a proper lecture of the officer at the booth (whose ID number I noted down, which he clearly disliked) and a written apology from the chief officer, I could also demand financial compensation for being (in the end) 2 hours delayed back home because of this event, seeing as I was held for a completely illegitimate reason.
customs-and-immigration italy eu-citizens officials freedom-of-movement
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show 1 more comment
up vote
1
down vote
favorite
Background for anyone who may not know: I, an EU citizen, have the right to enter any EU or Schengen state (in this case Italy) using either a passport or national ID card. It doesn't matter whether I fly from the UK, Turkey or even the US; Italy is Italy and so EU law applies.
The issue at hand: just flew Chisinau-Kyiv-Milan, and, at passport control in Milan, presented my ID card, but once the officer found I had flown from Kyiv, rejected it and demanded a passport, which I didn't have. He also demanded my boarding passes, which I had left on the respective aircraft.
I politely but firmly explained to him that, per the EU freedom of movement directive, I have the right to enter, and that it shouldn't matter to him where I flew from, but I might as well have been talking to the wall.
I was taken into custody for potential deportees where I was held for over an hour, partly involving two officers asking totally irrelevant questions such as whether I had a ticket back home (which I didn't as it was a re-routed flight - I blackrode trains back home) and insisted that, having flown from a non-EU state, I couldn't enter Italy on my ID card.
Eventually, though, I was handed back my ID and let go with no further explanation.
I've already got an email address to send a complaint to.
What I'd like to know is if, besides demanding a proper lecture of the officer at the booth (whose ID number I noted down, which he clearly disliked) and a written apology from the chief officer, I could also demand financial compensation for being (in the end) 2 hours delayed back home because of this event, seeing as I was held for a completely illegitimate reason.
customs-and-immigration italy eu-citizens officials freedom-of-movement
5
You probably don't have a leg to stand on. They can always claim they suspected your ID was fake or you might have been using some one else's ID, and they needed to verify it's really you - you can never proof the opposite. Don't waste more hours of your life, move on.
– Aganju
2 hours ago
1
@Aganju Doesn't justify them repeatedly making objectively false statements in clear violation of the freedom of movement directive. If they'd simply told me they need to perform further checks, that would've been one thing. Taken at face value, brutal ignorance was the culprit.
– Crazydre
1 hour ago
1
I agree. My point is that you cannot win, so don't waste your effort.
– Aganju
1 hour ago
1
How did you enter/exit Moldavia/Ukraine without a passport?
– Doc
1 hour ago
@Doc Moldova accepts machine-readable EU/Schengen IDs; as for Ukraine I was just in transit and so the entry requirements don't apply.
– Crazydre
1 hour ago
|
show 1 more comment
up vote
1
down vote
favorite
up vote
1
down vote
favorite
Background for anyone who may not know: I, an EU citizen, have the right to enter any EU or Schengen state (in this case Italy) using either a passport or national ID card. It doesn't matter whether I fly from the UK, Turkey or even the US; Italy is Italy and so EU law applies.
The issue at hand: just flew Chisinau-Kyiv-Milan, and, at passport control in Milan, presented my ID card, but once the officer found I had flown from Kyiv, rejected it and demanded a passport, which I didn't have. He also demanded my boarding passes, which I had left on the respective aircraft.
I politely but firmly explained to him that, per the EU freedom of movement directive, I have the right to enter, and that it shouldn't matter to him where I flew from, but I might as well have been talking to the wall.
I was taken into custody for potential deportees where I was held for over an hour, partly involving two officers asking totally irrelevant questions such as whether I had a ticket back home (which I didn't as it was a re-routed flight - I blackrode trains back home) and insisted that, having flown from a non-EU state, I couldn't enter Italy on my ID card.
Eventually, though, I was handed back my ID and let go with no further explanation.
I've already got an email address to send a complaint to.
What I'd like to know is if, besides demanding a proper lecture of the officer at the booth (whose ID number I noted down, which he clearly disliked) and a written apology from the chief officer, I could also demand financial compensation for being (in the end) 2 hours delayed back home because of this event, seeing as I was held for a completely illegitimate reason.
customs-and-immigration italy eu-citizens officials freedom-of-movement
Background for anyone who may not know: I, an EU citizen, have the right to enter any EU or Schengen state (in this case Italy) using either a passport or national ID card. It doesn't matter whether I fly from the UK, Turkey or even the US; Italy is Italy and so EU law applies.
The issue at hand: just flew Chisinau-Kyiv-Milan, and, at passport control in Milan, presented my ID card, but once the officer found I had flown from Kyiv, rejected it and demanded a passport, which I didn't have. He also demanded my boarding passes, which I had left on the respective aircraft.
I politely but firmly explained to him that, per the EU freedom of movement directive, I have the right to enter, and that it shouldn't matter to him where I flew from, but I might as well have been talking to the wall.
I was taken into custody for potential deportees where I was held for over an hour, partly involving two officers asking totally irrelevant questions such as whether I had a ticket back home (which I didn't as it was a re-routed flight - I blackrode trains back home) and insisted that, having flown from a non-EU state, I couldn't enter Italy on my ID card.
Eventually, though, I was handed back my ID and let go with no further explanation.
I've already got an email address to send a complaint to.
What I'd like to know is if, besides demanding a proper lecture of the officer at the booth (whose ID number I noted down, which he clearly disliked) and a written apology from the chief officer, I could also demand financial compensation for being (in the end) 2 hours delayed back home because of this event, seeing as I was held for a completely illegitimate reason.
customs-and-immigration italy eu-citizens officials freedom-of-movement
customs-and-immigration italy eu-citizens officials freedom-of-movement
edited 1 hour ago
asked 2 hours ago
Crazydre
51.1k992224
51.1k992224
5
You probably don't have a leg to stand on. They can always claim they suspected your ID was fake or you might have been using some one else's ID, and they needed to verify it's really you - you can never proof the opposite. Don't waste more hours of your life, move on.
– Aganju
2 hours ago
1
@Aganju Doesn't justify them repeatedly making objectively false statements in clear violation of the freedom of movement directive. If they'd simply told me they need to perform further checks, that would've been one thing. Taken at face value, brutal ignorance was the culprit.
– Crazydre
1 hour ago
1
I agree. My point is that you cannot win, so don't waste your effort.
– Aganju
1 hour ago
1
How did you enter/exit Moldavia/Ukraine without a passport?
– Doc
1 hour ago
@Doc Moldova accepts machine-readable EU/Schengen IDs; as for Ukraine I was just in transit and so the entry requirements don't apply.
– Crazydre
1 hour ago
|
show 1 more comment
5
You probably don't have a leg to stand on. They can always claim they suspected your ID was fake or you might have been using some one else's ID, and they needed to verify it's really you - you can never proof the opposite. Don't waste more hours of your life, move on.
– Aganju
2 hours ago
1
@Aganju Doesn't justify them repeatedly making objectively false statements in clear violation of the freedom of movement directive. If they'd simply told me they need to perform further checks, that would've been one thing. Taken at face value, brutal ignorance was the culprit.
– Crazydre
1 hour ago
1
I agree. My point is that you cannot win, so don't waste your effort.
– Aganju
1 hour ago
1
How did you enter/exit Moldavia/Ukraine without a passport?
– Doc
1 hour ago
@Doc Moldova accepts machine-readable EU/Schengen IDs; as for Ukraine I was just in transit and so the entry requirements don't apply.
– Crazydre
1 hour ago
5
5
You probably don't have a leg to stand on. They can always claim they suspected your ID was fake or you might have been using some one else's ID, and they needed to verify it's really you - you can never proof the opposite. Don't waste more hours of your life, move on.
– Aganju
2 hours ago
You probably don't have a leg to stand on. They can always claim they suspected your ID was fake or you might have been using some one else's ID, and they needed to verify it's really you - you can never proof the opposite. Don't waste more hours of your life, move on.
– Aganju
2 hours ago
1
1
@Aganju Doesn't justify them repeatedly making objectively false statements in clear violation of the freedom of movement directive. If they'd simply told me they need to perform further checks, that would've been one thing. Taken at face value, brutal ignorance was the culprit.
– Crazydre
1 hour ago
@Aganju Doesn't justify them repeatedly making objectively false statements in clear violation of the freedom of movement directive. If they'd simply told me they need to perform further checks, that would've been one thing. Taken at face value, brutal ignorance was the culprit.
– Crazydre
1 hour ago
1
1
I agree. My point is that you cannot win, so don't waste your effort.
– Aganju
1 hour ago
I agree. My point is that you cannot win, so don't waste your effort.
– Aganju
1 hour ago
1
1
How did you enter/exit Moldavia/Ukraine without a passport?
– Doc
1 hour ago
How did you enter/exit Moldavia/Ukraine without a passport?
– Doc
1 hour ago
@Doc Moldova accepts machine-readable EU/Schengen IDs; as for Ukraine I was just in transit and so the entry requirements don't apply.
– Crazydre
1 hour ago
@Doc Moldova accepts machine-readable EU/Schengen IDs; as for Ukraine I was just in transit and so the entry requirements don't apply.
– Crazydre
1 hour ago
|
show 1 more comment
1 Answer
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up vote
7
down vote
I'd say the chance to get any kind of financial compensation is low. There is no compensation provision in Schengen Borders Code, and I doubt there is one in the Italian national law.
You can pursue the court case against them, but note that even Article 8 gives the border officials leeway:
However, on a non-systematic basis, when carrying out minimum checks
on persons enjoying the right of free movement under Union law, border
guards may consult national and European databases in order to ensure
that such persons do not represent a genuine, present and sufficiently
serious threat to the internal security, public policy, international
relations of the Member States or a threat to the public health.
Note that there is no limitation on how long this "consulting" should take, and - unlike the rest of #2 in Article 8 - it is not required to be "minimal" or "rapid".
And of course they can claim they had suspicion about the validity of your documents - and until the validity is established, they cannot admit you as EU citizen. Here a point could be made that the border guard lacked proper training. But again its unlikely there is a law which would compensate you for having to deal with untrained government servant.
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1 Answer
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active
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up vote
7
down vote
I'd say the chance to get any kind of financial compensation is low. There is no compensation provision in Schengen Borders Code, and I doubt there is one in the Italian national law.
You can pursue the court case against them, but note that even Article 8 gives the border officials leeway:
However, on a non-systematic basis, when carrying out minimum checks
on persons enjoying the right of free movement under Union law, border
guards may consult national and European databases in order to ensure
that such persons do not represent a genuine, present and sufficiently
serious threat to the internal security, public policy, international
relations of the Member States or a threat to the public health.
Note that there is no limitation on how long this "consulting" should take, and - unlike the rest of #2 in Article 8 - it is not required to be "minimal" or "rapid".
And of course they can claim they had suspicion about the validity of your documents - and until the validity is established, they cannot admit you as EU citizen. Here a point could be made that the border guard lacked proper training. But again its unlikely there is a law which would compensate you for having to deal with untrained government servant.
add a comment |
up vote
7
down vote
I'd say the chance to get any kind of financial compensation is low. There is no compensation provision in Schengen Borders Code, and I doubt there is one in the Italian national law.
You can pursue the court case against them, but note that even Article 8 gives the border officials leeway:
However, on a non-systematic basis, when carrying out minimum checks
on persons enjoying the right of free movement under Union law, border
guards may consult national and European databases in order to ensure
that such persons do not represent a genuine, present and sufficiently
serious threat to the internal security, public policy, international
relations of the Member States or a threat to the public health.
Note that there is no limitation on how long this "consulting" should take, and - unlike the rest of #2 in Article 8 - it is not required to be "minimal" or "rapid".
And of course they can claim they had suspicion about the validity of your documents - and until the validity is established, they cannot admit you as EU citizen. Here a point could be made that the border guard lacked proper training. But again its unlikely there is a law which would compensate you for having to deal with untrained government servant.
add a comment |
up vote
7
down vote
up vote
7
down vote
I'd say the chance to get any kind of financial compensation is low. There is no compensation provision in Schengen Borders Code, and I doubt there is one in the Italian national law.
You can pursue the court case against them, but note that even Article 8 gives the border officials leeway:
However, on a non-systematic basis, when carrying out minimum checks
on persons enjoying the right of free movement under Union law, border
guards may consult national and European databases in order to ensure
that such persons do not represent a genuine, present and sufficiently
serious threat to the internal security, public policy, international
relations of the Member States or a threat to the public health.
Note that there is no limitation on how long this "consulting" should take, and - unlike the rest of #2 in Article 8 - it is not required to be "minimal" or "rapid".
And of course they can claim they had suspicion about the validity of your documents - and until the validity is established, they cannot admit you as EU citizen. Here a point could be made that the border guard lacked proper training. But again its unlikely there is a law which would compensate you for having to deal with untrained government servant.
I'd say the chance to get any kind of financial compensation is low. There is no compensation provision in Schengen Borders Code, and I doubt there is one in the Italian national law.
You can pursue the court case against them, but note that even Article 8 gives the border officials leeway:
However, on a non-systematic basis, when carrying out minimum checks
on persons enjoying the right of free movement under Union law, border
guards may consult national and European databases in order to ensure
that such persons do not represent a genuine, present and sufficiently
serious threat to the internal security, public policy, international
relations of the Member States or a threat to the public health.
Note that there is no limitation on how long this "consulting" should take, and - unlike the rest of #2 in Article 8 - it is not required to be "minimal" or "rapid".
And of course they can claim they had suspicion about the validity of your documents - and until the validity is established, they cannot admit you as EU citizen. Here a point could be made that the border guard lacked proper training. But again its unlikely there is a law which would compensate you for having to deal with untrained government servant.
answered 1 hour ago
George Y.
18.2k12975
18.2k12975
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5
You probably don't have a leg to stand on. They can always claim they suspected your ID was fake or you might have been using some one else's ID, and they needed to verify it's really you - you can never proof the opposite. Don't waste more hours of your life, move on.
– Aganju
2 hours ago
1
@Aganju Doesn't justify them repeatedly making objectively false statements in clear violation of the freedom of movement directive. If they'd simply told me they need to perform further checks, that would've been one thing. Taken at face value, brutal ignorance was the culprit.
– Crazydre
1 hour ago
1
I agree. My point is that you cannot win, so don't waste your effort.
– Aganju
1 hour ago
1
How did you enter/exit Moldavia/Ukraine without a passport?
– Doc
1 hour ago
@Doc Moldova accepts machine-readable EU/Schengen IDs; as for Ukraine I was just in transit and so the entry requirements don't apply.
– Crazydre
1 hour ago