Reference for a preliminary ruling from the Rechtbank Roermond (Netherlands), lodged on 20 February 2012 - Criminal proceedings against Jibril Jaoo

(Case C-88/12)

Language of the case: Dutch

Referring court

Rechtbank Roermond

Party to the main proceedings

Jibril Jaoo

Questions referred

1.    Does Article 4.17a of the Vreemdelingenbesluit 2000 (Decree on Foreign Nationals 2000) contravene the prohibition of border checks or the prohibition of checks equivalent to border checks within the terms, respectively, of Articles 20 and 21 of the Schengen Borders Code? 

2.    If so, are non-EU citizens or persons who do not have a residence permit for one of the Member States of the EU also entitled to rely thereon?

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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).