Eu Visa Policy: A Dash For Growth?

Steve Peers

Historically, European Union visa policy has principally concerned itself with controlling the opportunity of irregular migration as well as possible threats to security, balanced against European Union unusual policy objectives. But inward the concluding few years that policy has increasingly come upward to convey delineate of piece of work concern human relationship of economical growth (most notably equally regards the European Union tourism industry). This reorientation was launched inward a Commission communication of 2012, as well as is already reflected inward the concluding laid of changes to the EU’s visa ‘whitelist’, which straightaway includes merchandise as well as investment amongst the criteria for liberalising visas. Indeed those most recent amendments applied this policy past times moving Republic of Peru as well as Republic of Colombia onto the visa waiver whitelist inward furnish for signing a merchandise bargain with the EU.

Will this policy also impact upon the EU’s visa code, which sets out the detailed rules for visa applications? Last year, the Commission proposed an overhaul of the code, amongst a parallel proposal for a ‘touring visa’ for those who wanted to rest for to a greater extent than than 3 months inward the Schengen expanse (but for no to a greater extent than than 3 months inward whatever i Schengen State). I receive got previously examined ii specific issues relating to the visa code proposal: the position of European Union citizens’ menage unit of measurement members, as well as the possibility of developing the (implied) rules on humanitarian visas. The next analysis completes my comments (for now). It’s based on my ongoing go on the 4th edition of EU Justice as well as Home Affairs Law.

Visa code proposal

The proposal to overhaul the visa code keeps the basic construction of the code intact, but suggests a number of meaning amendments. It doesn’t impact the result of who does or doesn’t bespeak a visa to see the European Union inward the offset place. The code only applies to States fully applying the Schengen system: 22 European Union Member States (excluding the UK, Ireland, Croatia, Cyprus, Romania as well as Bulgaria, although the latter 4 States must apply it someday when they bring together Schengen), as well as 4 Schengen associates (Norway, Iceland, Switzerland as well as Liechtenstein).

It should live recalled that the CJEU has already ruled, inward its judgment inward Koushkaki (discussed here) that anyone who meets the criteria to obtain a Schengen visa laid out inward the visa code is entitled to one. The proposal wouldn’t alter that illustration police pull either.

There’s a long listing of proposed amendments, but the top dog aim of the proposal is to simplify the procedure of applying for a Schengen visa. So the obligation to appear inward individual to apply inward a consulate would live dropped, except for when the applicant has to live fingerprinted for registration inward the Visa Information System database (once every v years). Already only 30% of applicants appear inward person, since most countries receive got outsourced the collection of visa application information to private companies. There would live revised rules determining which Member State consulate is responsible for each application, to brand certainly that each applicant volition live able to apply for a visa without having to go to a consulate inward to a greater extent than or less other country. Applicants could apply for a visa upward to vi months inward advance (at present, the rules only allow them to apply upward to 3 months inward advance).

Checks on whether applicants receive got accommodation, agency of subsistence as well as an intention to furnish would live relaxed if they were regular travellers with a ‘clean’ immigration tape (this could live checked inward the Visa Information System). Applicants would no longer receive got to obtain go medical insurance, as well as Member States would receive got to brand decisions to a greater extent than quickly. The rules on waiving the €60 visa application fee would give uniform, as well as so that (for instance) in that location would live no fee for children nether 18, researchers or diplomats. Regular travellers with a construct clean tape would receive got a right to a multiple-entry visa, with a 3 yr validity rising to v years (currently such visas mightiness live valid for equally brusk equally vi months). There would also live to a greater extent than possibilities to apply for visas at borders; at the minute this is a highly particular dominion which mainly applies only to seafarers.

The European Parliament has non even as well as so issued a draft study on either proposal, but the Council was initially unenthusiastic. Influenza A virus subtype H5N1 report before this yr indicated that many Member States questioned the liberal proposed rules on multiple-entry visas, equally good equally the abolition of the medical insurance requirement, because of ‘large numbers of medical bills left unpaid’. Many also objected to shorter fourth dimension periods for the application, as well as for whatever facilitation for European Union citizens’ menage unit of measurement members. Influenza A virus subtype H5N1 few opposed the proposed additional mandatory fee waivers. More recently, a redraft of work of the text shows that Member States were willing to convey the multiple-entry visa rules if the criteria were stricter, equally good equally to a greater extent than or less (but non all) of the fee waivers, piece retaining the medical insurance requirement.

Touring visa proposal

Currently a number of Member States receive got carve upward deals with 3rd states such equally the USA or New Zealand, allowing the nationals of those States to add together together a serial of brusk stays inward private Schengen States. But this only applies to a fairly express number of 3rd countries. The Commission proposal would simplify this system, replacing it with a mutual Schengen-wide approach. It estimates that piece only most 120,000 people would produce goodness from this proposal, they are relatively ‘big spenders’, as well as and so the cyberspace produce goodness to the European Union economic scheme would live €1 billion.

Influenza A virus subtype H5N1 touring visa could live issued for upward to i year, with a possible farther extension to ii years. It would also apply to the citizens of countries similar the USA who did non commonly bespeak short-term visas, since their planned sum rest inward the Schengen expanse with a touring visa would overstep the normal boundary which would usually apply (90 days inward a 180-day period). The EU’s Visa Information System database would apply, except that non-visa nationals similar Americans would non receive got to give fingerprints. Also, the normal visa code rules (as amended past times the carve upward proposals) would apply, with derogations. For instance, in that location would live no applications at borders; the offset Member State the touring visa applicant would come inward would live competent for the whole application; as well as sickness insurance would live required.

Again, the Council shows express enthusiasm for this proposal, with to a greater extent than or less Member States preferring to maintain their bilateral deals as well as to a greater extent than or less concerned most safety risks.

Comments

Overall, the Commission’s proposals receive got much to recommend them. They would relaxation the hassle that many would-be visitors seem upward when they apply to come upward to the EU: cutting the costs for families as well as researchers, ensuring that an application could live made to a greater extent than easily, as well as streamlining the procedure considerably for frequent visitors who receive got shown that they tin live trusted.

The proposals would produce goodness the European Union economy, too, if the Commission’s estimates are correct. On top of the estimated €1 billion boost to the economic scheme from the touring visa proposal, the accompanying Commission paper on visa policy suggests that the economical boost from the changes to the top dog visa code may live betwixt €4 to €12 billion, with 80,000 jobs created.

So it is striking that these proposals receive got not impressed Member States much, with to a greater extent than or less suggesting that costs would increase from the visa code proposal. It is difficult to view how the costs to consulates would increase overall, since in that location would live fewer visa applications to procedure inward lite of the longer validity of multiple-entry visas. However, it is possible that the toll would increase for to a greater extent than or less Member States individually, if those Member States give responsible (under the revised rules) for a greater percentage of visa applications. If whatever Member State has to incur considerable extra costs processing applications for applicants who won’t pass much fourth dimension on its territory, it would live reasonable to consider compensating that Member State for those costs out of the European Union budget, or arranging for bilateral compensation from the Member States which the applicants mainly continue to visit. As for unpaid medical bills, the Commission argues that such bills aren’t sew together solely past times visitors with Schengen visas.

While that particular dot most toll (to a dissimilar work of national budgets) may mayhap receive got to a greater extent than or less merit, the objections against facilitating go for European Union citizens’ menage unit of measurement members receive got none. Such facilitation is anyway an obligation nether the European Union citizens’Directive; all that the Commission’s proposals produce is spell out what that entails, for the sake of legal certainty. And in that location tin live no valid objection most irregular migration risks equally regards inwardness menage unit of measurement members, given that European Union citizens receive got the right to movement to to a greater extent than or less other Member State with those members of their family.

Time volition tell, when the European Parliament develops its reply to these proposals as well as begins to negotiate with the Council, whether the personal as well as economical benefits of the Commission’s proposal tin go the objections of national interior ministries. Much may depend on whether other ministries (foreign as well as economics) intervene to ensure that in that location is a broader perspective on what modern visa legislation should seek to do.

Barnard & Peers: chapter 26

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