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Resolution 1894 (2012) Final version
The inadmissibility of restrictions on freedom of movement as punishment for political positions
1. Freedom of movement between Council
of Europe member States is both a legal and a political issue, as
shown in Recommendation
1648 (2004) on the consequences of European Union enlargement
for freedom of movement between Council of Europe member states.
The Parliamentary Assembly now wishes to stress the link between
free movement of persons and freedom of expression.
2. The Assembly recognises that, in principle, under international
law, States have a sovereign right to decide on who shall be allowed
to enter their territories. However, this right can be limited by
treaty law, including the Schengen Agreements. In addition, a denial
of entry based solely on a person’s political views could constitute
an abuse of the right to determine entry and a form of discrimination
within the meaning of Article 14 of the European Convention on Human
Rights (ETS No. 5).
3. Some member States have misused their legal right to determine
entry into their territory in order to deny entry to some persons
merely as punishment for a political or ideological position they
peacefully hold.
4. The Assembly condemns such practices and recalls that States
which are also members of the European Union are bound by strict
rules within the framework of the European legal order and in particular the
Schengen Agreements.
5. The Assembly therefore:
5.1. recalls
that freedom of movement is a prerequisite for the enjoyment of
many other rights and is an important condition for the free development
of individuals;
5.2. stresses that freedom of movement should not be restricted
or used as a sanction for the expression of peacefully held political
opinions and calls on the member States of the Council of Europe to
give full effectiveness to the freedom of expression under Article
10 of the European Convention on Human Rights, by refraining from
denying access to their territories on such grounds;
5.3. considers that the legal order of the European Union also
does not allow the restriction of free movement of persons within
the European Union as a punishment for expressing a political position
and reminds European Union member States that resorting to such
a practice may give rise to a claim for damages by the individuals
concerned;
5.4. stresses that entries into the Schengen Information System
must not be misused in order to deny persons who are not nationals
of a European Union member State access to the Schengen area as
a punishment for expressing a peacefully held political position;
5.5. recalls the Schengen States’ duty to provide for swift
judicial or administrative review of any entry into the Schengen
Information System.