As I mentioned in another question, my wife applied for a residence card (but that takes a long time, at least in Italy) and her Schengen visa expired. For this reason I was now considering if there was another way to get some travel documents for her sooner, for example by crossing the Slovenia-Croatia border and then immediately going back.
if they arrive at the border with their passport but without an entry visa, the border authorities should give them the opportunity to prove by other means that they are family members of a mobile EU citizen. They can do so by providing proof of their identity and family ties with an EU citizen (for example a marriage or birth certificate) and, proof that they are joining or accompanying the EU citizen (for example, proof that the EU citizen is already living in the country where entry is sought). If they manage to prove it, they should be issued with an entry visa on the spot.
I presume that this is codified in Article 5 of "DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL"
But this only specifies (point 4) that the states should allow opportunity and time to
corroborate or prove by other means that the person is covered by these rights. That would entitle the family member to (point 2)
visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure, but doesn't guarantee that it would be done
on the spot, and before
turning them back.
Did I misunderstand something or is the statement
should be issued with an entry visa on the spot not to be relied upon?