Revising Eu Visa Policy

Professor Steve Peers

Back inwards 2014, the Commission proposed a revamp of European Union visa policy (concerning short-term see visas), inwards the shape of a proposal to revise the EU’s visa code. This proposal ultimately failed, because the European Union Parliament together with Council could non agree on whether it should include “safe passage” visas for those needing protection or not. Now the Commission is trying again, focussing this fourth dimension on safety concerns, rather than economical growth.

Background

The rules for issuing short-term visas are commence inwards the Visa Code, adopted inwards 2009. The CJEU has clarified to a greater extent than or less telephone substitution points of the Code, ruling that: inwards lawsuit it creates a correct to a visa if the weather condition are satisfied, although Member U.S. of A. receive got flexibility over how to apply those weather condition (Koushkaki, discussed here); at that topographic point must live a possibility of judicial review as business office of the appeal procedure (El-Hassani); together with “safe passage” visas are non covered yesteryear the Code (X together with X).

The Code concerns “Schengen visas”, ie visas which allow locomote across the entire Schengen area. As such it applies to the European Union countries fully applying the Schengen rules (all Member U.S. of A. except the UK, Ireland, Croatia, Cyprus, Romania together with Bulgaria) as good as the non-EU Schengen associates: Norway, Iceland, Switzerland together with Liechtenstein.

The listing of non-EU countries whose citizens produce (or produce not) holler for a visa to see the Schengen expanse is commence inwards a dissever visa listing Regulation (the plans for visa waivers for Turkey together with Kosovo are on hold). European Union policy is to waive visa requirements for nearby countries, dependent area to a (loosely-enforced) requirement for reciprocity, together with hence it is probable that U.K. citizens volition non holler for a visa to see the European Union after Brexit. However, European Union legislation to gear upwards a “travel authorisation” system, nigh to live adopted (see give-and-take here), volition apply to all non-EU countries alongside a visa waiver but without a gratis motility understanding alongside the EU. As things stand, this police pull will apply to the UK, unless to a greater extent than or less special exemption is requested together with agreed. Influenza A virus subtype H5N1 locomote potency is similar to a visa inwards that it requires a prior potency to travel, but volition terms less together with live valid for much longer.

2014 proposals

As noted above, the ill-fated 2014 proposal to improve the visa code was focussed on economical issues, inwards exceptional aiming to facilitate tourism. Influenza A virus subtype H5N1 parallel proposal for a “touring visa” would receive got provided for an extended remain for those visiting multiple Member U.S. of A. for a longer period, as business office of an orchestra or circus, for instance. (I discussed the details of both proposals here). The 2014 proposal besides included provisions on facilitating the locomote of European Union citizens’ non-EU menage unit of measurement members (discussed here), and, as noted already, it was an chance to debate for explicit “safe passage” rules to live added to the rules (as discussed here).

2018 proposal

The Commission withdrew both 2014 proposals inwards calorie-free of the negotiation deadlock, together with tabled a revised visa code proposal inwards March 2018. (It did non essay to revive the “touring visa” proposal). This was met alongside much involvement inwards the Council, which adopted a negotiation position on the proposal already yesteryear June 2018. The European Parliament is taking a to a greater extent than leisurely approach, together with hence has no set yet. (Note that the Commission has besides suggested a revision of the police pull governing the related database, the Visa Information System, which would, amidst other things, furnish for fingerprinting 6-year-old visa applicants, together with extend that organization to apply to long-stay visas together with residence permits). 

The Commission’s 2018 communication on visa policy is a practiced overview of the purposes of the recent proposal. In add-on to the principal focus on safety – which takes the shape of penalties for non-EU countries that produce non cooperate alongside the European Union on readmission policy – it contains a express number of simplifications for legitimate travellers. The Commission has dropped the proposals to simplify locomote for European Union citizens’ menage unit of measurement members, together with has made to a greater extent than suggestions to simplify the rules on multiple entry visas as compared to 2018.

The Council’s position

Compared to the Commission’s proposal, the Council has reserved for itself the ability to punish countries that produce non cooperate alongside the European Union on readmission (by raising visa fees, requiring to a greater extent than documents, together with slowing downward processing times), next a diplomatic procedure inwards which the European Union volition threaten these sanctions if no cooperation is forthcoming. (It’s already European Union policy to link treaties simplifying the number of visas to readmission treaties, but this policy volition immediately larn unilateral, together with receive got the shape of sticks, rather than carrots).

On other issues, it volition live possible for travellers to apply for a visa vi months inwards advance, rather than three. The Council rejected the Commission’s proposal to allow NGOs apply for visas on behalf of their staff. The visa application fee volition ascent from €60 to €80, together with from €35 to €40 for 6-12 yr olds. The Commission volition receive got the ability to revise the fee every 3 years. Member States’ selection to waive the fee for diplomats is dropped. The novel “punishment” clause volition enhance the visa application fee to €120 or €160 for travellers from countries that are judged non to cooperate on migration.

Multiple entry visas lasting for one, ii or 5 years volition live available, based on prior lawful utilization of a visa. The Council dropped the Commission’s proposal to holler to judicial review inwards the lawsuit of an appeal against refusal of a visa, but this cannot alter the legal obligation to furnish for such a review, since the CJEU ruling on this number (El-Hassani, noted above) based this obligation on European Union primary law: the European Union Charter of Fundamental Rights.  The Commission proposal to number visas at the edge inwards companionship to encourage tourism has been dropped yesteryear the Council, together with the electrical flow law’s possibilities of having “co-location” together with “common application centres” are dropped, as they receive got been overtaken yesteryear events – the tendency of outsourcing the visa application procedure to mortal entities. As a partial substitute, the revisions volition simplify the rules which apply when 1 Member State represents to a greater extent than or less other 1 for visa applications.

Comments

It remains to live seen whether the European Parliament volition proceed alongside these amendments, or whether it volition seek to retain to a greater extent than or less of the simplification of locomote rules which the Commission initially proposed inwards 2014, for lawsuit for European Union citizens’ menage unit of measurement members. (Such rules, if agreed, volition alone briefly live helpful for U.K. citizens’ non-EU menage unit of measurement members, earlier the terminate of the post-Brexit transition period).  The Parliament powerfulness besides essay to address the “safe passage” number again, together with it has traditional concerns nigh limiting fee increases for vulnerable groups similar children. The visa code amendments powerfulness live linked inwards exercise to the proposals to plough the Visa Information System into an fifty-fifty bigger Panopticon.

However, to a greater extent than or less version of the readmission penalty clauses are probable to croak through, as they are business office of the European Union arsenal of stricter migration command policies (along alongside greater internal together with external edge checks, an expanded Frontex edge command body, together with agreements alongside countries similar Turkey to command together with receive got dorsum asylum seekers together with migrants). Whether they volition live effective remains to live seen; at that topographic point volition presumably even together with hence live ‘carrots’ from the EU-Africa funds offered to U.S. of A. which cooperate alongside the EU’s increasing attempts at “remote control” of migration. Whether the novel policy volition run inwards practice, or – fifty-fifty if they do run – satisfy those voters who already remain angry despite hugely reduced migration flows, as remains to live seen. 

Barnard & Peers: chapter 26

JHA4: chapter II:4

Photo credit: schengenvisainfo.com

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