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 took trains ticketless 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.
Best Answer
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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How powerful is the Italian passport?
Italy has one of the most powerful passports in the world with bearers being able to travel visa-free to 127 countries visa-free (as of early 2019). Italian citizenship gives you the rights and privileges to freely roam around the EU without limitations.How long can Italian Carta di Soggiorno stay outside the EU?
The EC residence permit for long term residents (carta di soggiorno) is valid for five years. Holders of the carta di soggiorno are allowed absences for a period not exceeding six months a year, or up to 12 months for a serious cause (e.g., pregnancy, maternity, serious illness, study, etc.)How long can I stay in Italy as an EU citizen?
All EU citizens have the right to free movement, with entry and residence in Italy, for stays up to 3 months and it is not necessary to fulfill any formalities. However, EU citizens must have an identity document valid for travel abroad (according to the law of their nationality).What is a declaration of presence Italy?
The declaration of presence is a declaration that foreign people must do by law when one of these situations occurs: \u2013 when coming to Italy for a period of maximum 90 days for the following reasons: visits, mission, business, tourism and study if the stamp of the Italian border doesn't appear on the passport.Traveling with two passports - I almost got arrested | Jure Sanguinis Italian Dual Citizenship
More answers regarding wrongfully held at Italian passport control for over an hour (EU citizen): can I get financial compensation?
Answer 2
I think you are out of luck because in my understanding, the officer was right and you were wrong. Well, the officer is always right to begin with, but in this case, he really is.
You correctly state that as an EU citizen you have the right to move freely within the territory of the Member States and need nothing but an ID card. Ukraine is not a member state, so... you did not simply enter a member state's territory, but you did enter the Union's territory from God-knows-where (Ukraine in that case, and Moldavia before that, which also is non-EU) with merely an ID card. Which not only makes you "unusual" compared to most everyone else, but the ID card is also an item that is almost routinely refurbished for illegitimate purposes because of its sucks-so-much security features.
While it is indisputable that as a proven EU citizen you are finally entitled to enter and stay without limit[1] -- what else, you have nowhere else to go -- it is perfectly legitimate to hold you back and do some plausibility checks when there's reasonable doubt. Because, well, you need to prove without doubt that you are indeed a citizen to have the rights that you claim.
I think it's highly unlikely (read as: impossible) that you will be able to prove that there was no reasonable doubt, so trying to get at the officer is pretty much a waste of your time.
[1] Uh, hang on, that actually turns out being incorrect after reading the law. Much to my surprise, and yours probably too, you cannot stay indefinitely just anywhere within the Union. That's what people tend to believe, but it's not the case at all!
You certainly do have the right to stay indefinitely in your own country and up to 3 months in another member state. However, only if you have a job in that other state or can prove that you are financially independent as to not burden the social system, you may stay longer than 3 months (huh, surprise!). Makes you wonder how you can actually go to another higher-welfare-rate member state and live from welfare there, seeing how you can only apply for that after 6 months and you're only allowed to stay for 3 months if you can't sustain yourself... seems like this shouldn't work at all.
Answer 3
I don't think you have any chance here.
Generalizing your problem:
The basic premise, opposite of what happens now would be that, if you were delayed in a security queue by the officer you would get a compensation for that.
The practical result of such rule would be that the border police would be pressured to avoid any delays to cut down any costs. And, in last resort the officer himself could be considered responsible for the delay, if he didn't have any good explanation. Suspecting someone would not be enough, because that would be applied in all delay situations and you would have a similar system. No government or organization will want that kind of pressure, because the result, can be a very poor security check. No one wants that responsibility in their hands.
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