If the third-country national has been restrained by the requesting Member State's escort on grounds of public safety or public policy, the Federal Border Guard's enforcement officers must be satisfied that restraint is regular and legal when they admit the third-country national. The data we collect are only those necessary for the proper use of our service. 49 (0) ( normal working hours Mondays to Fridays.m. In the event of the infringed legally-protected interest and the infringement or threat caused by the defence being unacceptably disproportionate, the defensive action will as a rule be an abuse of rights and therefore not required.
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49 (0) (Situation Centre). An assault is unlawful if it is in conflict with law and order. For a better understanding of the legal situation, some explanations concerning Section 32 of the Criminal Code are given below, without claiming to be exhaustive. Here, the legally-protected interest may be that of the perpetrator (for example, a security escort involved in the removal) or a third party (for example, a passenger who is not involved). When the Federal Border Guard admits the third-country national, it assumes responsibility for any coercive measures taken vis-à-vis the third-country national.
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