Main Debates

Are visas a mechanism to move border control beyond the physical border?

Do asylum seekers have a right to a visa even if they are in their country of origin?

Immigration control v. human rights protection

Main Points

Content of EU visa rules, particularly visa list and visa format

Connections between visa rules and asylum issues

 

EU Documents

Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas, OJ L 243/1, 15 September 2009.

Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation).

Council Regulation (EC) No 1932/2006 of 21 December 2006 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement, OJ L 405, 30 December 2006.

Council Regulation (EC) No 851/2005 of 2 June 2005 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement as regards the reciprocity mechanism OJ L 141, 4 June 2005.

Council Decision (EC) No 512/2004 establishing the Visa Information System (VIS) OJ L 213, 15 June 2004.

Council Regulation (EC) No 693/2003 establishing specific Facilitated Transit Document (FTD), a Facilitated Rail Transit Document (FRTD) and amending the Common Consular Instructions and the Common Manual, OJ L 99, 17 April 2003.

Council Regulation (EC) No 334/2002 of 18 February 2002 amending Regulation (EC) No 1683/95 laying down a uniform format for visas OJ L 53 of 23 Febriary 2002.

Council Regulations (EC) No 1683/95 laying down a uniform format for visas, amended by Regulation (EC) 334/2002 of 18 February 2002 - consolidated version.

Council Regulation (EC) No 1091/2001 of 28 May 2001 on freedom of movement with long-stay visa OJ L 150 of 6 June 2001.

Cases

Vo (C+83/12), Court of Justice of the European Union, 10 April 2012.

Readings

Core

S. Peers, 'Legislative Update, EC Immigration and Asylum Law: The New Visa Code', European Journal of Migration and Law, vol. 12, no. 1 (2010), pp. 105-131.

Extended

E. Guild, 'The Border Abroad: Visas and Border Controls' in K. Groenendijk, E. Guild and P. Minderhoud (eds), In Search of Europe's Borders (The Hague: Kluwer Law International, 2003).

A. Meloni, Visa Policy within the European Union Structure (Berlin/New York: Springer, 2006), pp. 24-41.

S. Peers, 'EC Immigration and Asylum Law 2008: Visa Information System', European Journal of Migration and Law, vol. 11 (2009), pp. 69-94.

 

Editor’s Note

Note the imposition of visas on every country producing large numbers of refugees/asylum-seekers and the inevitable impact on the likelihood that they will enter illegally and/or use facilitators for smuggling them in. Readers should recall Article 31 of the 1951 Geneva Convention.

 VI.2.3.3 VisasVI.2.3.3 Visas

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