Reports & Working Papers
Publication details
The European Court of Justice on Humanitarian Visas: Legal Integrity vs. Political Opportunism?
Release year: 2017
Organisation: CEPS
Email: info@ceps.eu
Author(s) details
Publication description
Content available online here:
https://www.ceps.eu/system/files/Visa%20Code%20CJEU%20E%20Brouwer%20CEPS%20Commentary_0.pdf
https://www.ceps.eu/system/files/Visa%20Code%20CJEU%20E%20Brouwer%20CEPS%20Commentary_0.pdf
Keywords:
Humanitarian Visas, European Court of Justice
Humanitarian Visas, European Court of Justice
Abstract:
Even before the outcome of the case between Syrian asylum-seekers v. the Belgian state (X and X v. Belgium) was known, on the morning of the 7th of March 2017 a Dutch newspaper printed the headline: “Decision of the European Court today could lay a bomb under the European asylum system”.1 Well, it did not. In X and X v. Belgium, the Court of Justice of the European Union (CJEU) decided to take a rather formal, possibly even politically motivated approach, concluding that member states have no positive obligation to issue humanitarian visa to Syrian families, even if they are at risk of ill treatment, in violation of Article 4 of the Charter of Fundamental Rights.
Even before the outcome of the case between Syrian asylum-seekers v. the Belgian state (X and X v. Belgium) was known, on the morning of the 7th of March 2017 a Dutch newspaper printed the headline: “Decision of the European Court today could lay a bomb under the European asylum system”.1 Well, it did not. In X and X v. Belgium, the Court of Justice of the European Union (CJEU) decided to take a rather formal, possibly even politically motivated approach, concluding that member states have no positive obligation to issue humanitarian visa to Syrian families, even if they are at risk of ill treatment, in violation of Article 4 of the Charter of Fundamental Rights.