Border checks are checks carried out at a border crossing point with a view to verifying the fulfilment of requirements for crossing the external Schengen border; they are obligatory for all travellers who have already crossed or are about to cross the state border and apply to their vehicles and items in their possession as well.
Border checks for citizens enjoying the right to freedom of movement
Persons who enjoy the right to freedom of movement under the European Union law* are subject to the following checks on entry and exit:
- checking the identity and nationality of the person and the authenticity and validity of the travel document for crossing the border, including checks against the relevant databases, in particular:
- the Schengen information system (SIS);
- Interpol's stolen and lost travel documents database;
- national databases on stolen, misappropriated, lost and invalidated travel documents. For passports and travel documents containing a storage medium as referred to in Article 1(2) of Council Regulation (EC) No 2252/2004 (1 ), the authenticity of the data on the chip is checked;
- checking that a person who has the right to freedom of movement under the European Union law is not considered to be a threat to public policy, internal security, public health or the international relations of any of the member states, including checks against the SIS and other relevant European Union databases. This is without prejudice to checks in national and Interpol databases.
In cases of doubt as to the authenticity of the travel document or the identity of the holder of the travel document, at least one of the biometric identifiers embedded in passports and travel documents issued in accordance with Regulation (EC) No 2252/2004 shall be checked. Where possible, such checks shall also be carried out for travel documents not covered by that Regulation.
Randomly and in suspicious cases, police officers may also carry out thorough border checks on these persons to make sure that they do not pose a genuine, immediate and sufficiently serious threat to internal security, public policy, the international relations of the member states or to public health.
* The persons who enjoy the right to freedom of movement under the EU law are citizens of the European Union and nationals of Norway, Iceland, Liechtenstein and Switzerland, and their family members, regardless of their nationality. The same right also applies to third-country nationals and their family members, regardless of their nationality, who, pursuant to agreements between the EU and its member states and relevant third countries, have a right to free movement equivalent to that enjoyed by EU citizens.
Border checks for third-country nationals
Third country nationals undergo thorough border checks on entry and exit.
A thorough check on entry includes checking the conditions for entry under Article 6(1) of the Schengen Borders Code and, where applicable, the documents authorising residence and the exercise of professional activities. This includes a detailed check of the following aspects:
- checking the identity and nationality of a third-country national and of the authenticity and validity of the travel document for crossing the border, including checks against the relevant databases, in particular the SIS, Interpol's stolen and lost travel documents database, and national databases on stolen, misappropriated, lost and invalidated travel documents. In the case of passports and travel documents containing a storage medium, the authenticity of the data on the chip shall be checked, provided that valid certificates are available;
- checking that the travel document is accompanied by the required visa or residence permit, where applicable;
- checking entry and exit stamps in a third-country national's travel document in order to make sure, by comparing the dates of entry and exit, that a person has not exceeded the maximum duration of stay allowed in the territory of the member states;
- checking the points of departure and destination of a third-country national and the purpose of stay and, where necessary, relevant supporting documents;
- checking that a third-country national has sufficient means of subsistence for the duration and purpose of their stay, for return to their country of origin or for transit to a third country where they are certain to be admitted, or that they can lawfully obtain such means;
- checks to makes sure that the third-country national concerned, their means of transport or the items they are carrying are not likely to pose a danger to public policy, internal security, public health or the international relations of any member state. Such checks include direct checks of the data and alerts on persons and, where appropriate, objects in the SIS and other relevant European Union databases and, if necessary, action on the basis of the alerts. This is without prejudice to checks against national and Interpol databases;
- if a third-country national holds a visa referred to in Article 6(1)(b), a thorough check at entry also includes checking the identity of the visa holder and the authenticity of the visa by means of a data search in the Visa Information System (VIS) in accordance with Article 18 of Regulation (EC) No 767/2008.
A thorough check on exit includes:
- checking the identity and nationality of a third-country national and of the authenticity and validity of the travel document for crossing the border, including checks against the relevant databases, in particular the SIS, Interpol's stolen and lost travel documents database, and national databases on stolen, misappropriated, lost and invalidated travel documents. In the case of passports and travel documents containing a storage medium, the authenticity of the data on the chip shall be verified, provided that valid certificates are available;
- checks to makes sure that the third-country national concerned does not pose a danger to public policy, internal security, public health or the international relations of any member state. Such checks include checks against the SIS and other relevant European Union databases and, if necessary, action on the basis of the alerts. This is without prejudice to checks against national and Interpol databases.
In addition, a thorough check on exit may include:
- checking that the person is in possession of a valid visa, if required by Regulation (EC) No 539/2001, unless he or she is in possession of a valid residence permit; such check may include a search in the VIS in accordance with Article 18 of Regulation (EC) No 767/2008.
Refusal of entry into the Republic of Slovenia
Third-country nationals are refused entry into Slovenia if:
- they are not in possession of a valid travel document or documents;
- they are in possession of a false/forged/counterfeited travel document;
- they are not in possession of a valid visa or residence permit;
- they are in possession of a false/forged/counterfeited visa or residence permit;
- they are not in possession of appropriate documents confirming the purpose and conditions of stay;
- they have stayed in the territory of a European Union member state for three months within a six-month period already;
- they do not have sufficient means of subsistence for the duration and form of stay or the means to return to the country of origin or transit;
- they are the subject of a refusal of entry alert:
- in the SIS,
- in the national records;
- they are considered a threat to public policy, internal security, public health or the international relations of one or more member states of the European Union (each state must provide a reference to its national legislation for such refusals of entry).