scholarly journals Refashioning the EU Visa Policy: A New Turn of the Screw to Cooperation on Readmission and to Discrimination?

2020 ◽  
Vol 22 (4) ◽  
pp. 467-491
Author(s):  
Salvatore Fabio Nicolosi
Keyword(s):  
Building Blocks ◽  
The European Union ◽  
New Approach ◽  
Recent Reform ◽  
The Common ◽  
Visa Policy ◽  
Restrictive Measures ◽  
Migration Law ◽  
Shed Light ◽  
The Eu

Abstract Since the establishment of the Schengen area, border management has been having momentum within the European Union (EU) and, one of its major building blocks is the common policy on visas. This allows to control who can have access to the Schengen area for short stays that do not exceed three months over any six-month period. This article investigates how the EU visa policy has been influenced by the ever-evolving migratory dynamics towards the EU. Focusing on the latest reform of the Common Code on Visa, which has entered into force in 2020, this article argues that the new approach to conditionality in EU migration law has consolidated the intertwining between the EU visa policy and cooperation on readmission. Over the years, the latter has constituted an incentive for the EU in order to offer visa facilitation regimes or specific visa waivers to nationals of third countries. However, this article criticizes the new mechanism, introduced by the recent reform, and providing the European Commission with the mandate to propose specific restrictive measures related to visa processing and visa fee in case of a lack of cooperation especially on readmission. In an attempt to shed light on the legal concerns raised by this mechanism, the paper concludes that it even emphasises the discriminatory effects of the EU visa policy and, more generally, it impacts on the cooperation with third countries within the EU General Approach to Migration and Mobility.

Visa Policy in the European Union

2019 ◽  
Author(s):  
Jelena Dzankic
Keyword(s):  
European Union ◽  
Information Exchange ◽  
Strong Impact ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Gradual Evolution ◽  
The Common ◽  
Visa Policy ◽  
The Eu

Most European Union (EU) Member States participate in the common visa regime, even though there is no common visa policy applicable to all of them. The visa policy explored here covers the Schengen Area (including EU Member States and other countries, as well as EU countries that are still outside the Schengen). The Schengen Area does not include two EU Member States—the United Kingdom (UK) and Ireland—that have opted out from the EU’s visa policies and operate a common travel area between them. Furthermore, the common visa policy in the EU is related to the issuance of short-term visas, while visas of longer duration and residence permits remain in the national domain. Against this background, the visa policy of the EU has four relevant aspects. First, the gradual evolution of the Schengen Area has been driven not only by political developments within the EU and its Member States, but also by broader global developments (e.g., the fall of communism). Second, the consolidation of the internal and external aspects of the visa policy in the EU took place through the growth of the Schengen acquis. Third, visa liberalization has become one of the most powerful tools for policy diffusion beyond the EU’s borders. Finally, securitization of migration has had a strong impact on the EU’s visa policy, particularly in the domains of information exchange and police cooperation.

scholarly journals Restrictive measures - sanctions compliance, implementation and judicial review challenges in the common foreign and security policy of the European Union

ERA Forum ◽  
2021 ◽  
Vol 22 (1) ◽  
pp. 159-181
Author(s):  
Nadia Zelyova
Keyword(s):  
Judicial Review ◽  
Security Policy ◽  
Case Law ◽  
The European Union ◽  
Comprehensive Overview ◽  
Legal Evolution ◽  
Foreign And Security Policy ◽  
The Common ◽  
Restrictive Measures ◽  
The Eu

AbstractThis article provides a comprehensive overview of EU restrictive measures applicable within the EU, the competences and legal evolution which lead to the implementation of Common Foreign and Security Policy restrictive measures (CFSP sanctions), and considers procedural issues, developments in the latest case law, and the challenges of securing compliance with EU sanctions, which reach beyond the territory of the EU.

The Development of Slovenia in the European Union: Social Aspects

2017 ◽  
pp. 102-108
Author(s):  
Iryna Butyrska
Keyword(s):  
Negative Impact ◽  
The State ◽  
Political Regime ◽  
The European Union ◽  
National Unity ◽  
Social Sphere ◽  
Regime Stability ◽  
Number Of Factors ◽  
The Common ◽  
The Eu

The author proves that the successful stability of independent Slovenia contributed to a number of factors, existing since its being incorporated in the SFRY. The factor, uniting the state has become the common goal – the aspiration to join the EU. The process of the European integration contributed to the modernization of a number of spheres, in particular social, cultural and economic ones. The global financial and economic crisis has revealed the turmoil in the economy of the state and its leadership was forced to gradually reduce a significant part of social privileges for the population. This caused the tension in the society and reduced the level of the national unity, having a negative impact on people’s wellbeing. However, since 2014, the Prime Minister M. Cherar has been trying to restore people’s trust in the state. The situation is getting better; indicators of trust in government are increasing, which also points to state capacity and political regime stability in Slovenia. Keywords: Slovenia, state stability, social sphere, government

Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic

2020 ◽  
pp. 92-97
Author(s):  
A. V. Kuznetsov
Keyword(s):  
European Union ◽  
Human Rights ◽  
Comparative Analysis ◽  
International Law ◽  
The European Union ◽  
Eu Countries ◽  
European Union Countries ◽  
Legal Restrictions ◽  
Restrictive Measures ◽  
The Eu

The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.

Common Visa Policy: Bordering from Abroad—Applying Admission Criteria before Departure

2017 ◽  
Author(s):  
Violeta Moreno-Lax
Keyword(s):  
Information System ◽  
Final Section ◽  
Admission Criteria ◽  
Member States ◽  
The Common ◽  
Key Features ◽  
Visa Policy ◽  
Migration Flows ◽  
The Eu ◽  
Common Policy

Visas are specifically aimed at controlling admission at the stage of pre-departure and constitute one of the essential requirements for entry under the Schengen Borders Code. This chapter examines the common policy of the EU, conceptualizing them as pre-authorizations of entry granted before arrival in the territory of the Member States. Visa requirements, as introduced in the Visa Regulation, are perused at the outset, taking account of periodic revisions of the visa lists and the criteria for amendment considered relevant by the EU legislator. The key features of the uniform visa format and the Visa Information System (VIS) are briefly presented, highlighting their contribution to the securitisation of migration flows. Then, the visa issuing procedure, as governed by the Community Code on Visas (CCV), is examined. The final section is reserved to the analysis of the implications of the different components of the policy regarding access to asylum in the Member States.

EU-Sanktionspolitik in geopolitischen Zeiten: Europas schärfstes Außeninstrument und seine Herausforderungen

IG ◽  
2020 ◽  
Vol 43 (4) ◽  
pp. 278-294
Author(s):  
Niklas Helwig ◽  
Juha Jokela ◽  
Clara Portela
Keyword(s):  
Decision Making ◽  
European Union ◽  
Current Debate ◽  
Global Competition ◽  
The European Union ◽  
The United Kingdom ◽  
Policy Tool ◽  
Restrictive Measures ◽  
Fine Tune ◽  
The Eu

Sanctions are one of the toughest and most coercive tools available to the European Union (EU). They are increasingly used in order to respond to breaches of international norms and adverse security developments in the neighbourhood and beyond. However, the EU sanctions policy is facing a number of challenges related to the efficiency of decision-making, shortcomings in the coherent implementation of restrictive measures, as well as the adjustments to the post-Brexit relationship with the United Kingdom. This article analyses these key challenges for EU sanctions policy. Against the backdrop of an intensifying global competition, it points out the need to weatherproof this policy tool. The current debate on the future of the EU provides an opportunity to clarify the strategic rationale of EU sanctions and to fine-tune the sanctions machinery.

scholarly journals THE DYNAMICS OF HORTICULTURAL FARM NUMBERS IN DIFFERENT ECONOMIC SIZE CLASSES AND CHANGES IN THEIR INCOME IN 2007-2017

2020 ◽  
Vol XXII (3) ◽  
pp. 31-41
Author(s):  
Maryla Bieniek-Majka ◽  
Marta Guth
Keyword(s):  
European Union ◽  
Agricultural Policy ◽  
The European Union ◽  
Eu Countries ◽  
Average Change ◽  
Farm Accountancy Data Network ◽  
The Common ◽  
Large Farms ◽  
Economic Size ◽  
The Eu

The aim of this study is to determine changes in the structure of horticultural farms in EU countries in the years 2007-2017 and their incomes and determine the share of subsidies of the Common Agricultural Policy in the income of horticultural farms in studied groups. Horticultural farms from the European Union Farm Accountancy Data Network (EUFADN) of all EU countries were surveyed. A dynamic analysis of the structure of farm numbers in particular groups of economic size (ES6) was carried out, and then the average change in income and the share of subsidies in income within these groups in 2007 and 2017 were presented. As a result of the conducted research, changes in the number of horticultural farms in various groups of economic size were taken into account and the assumptions concerning the decreasing scale of fragmentation of horticultural farms were confirmed by a decrease in the number of the economically weakest groups and an increase in the number of medium and large farms. It was noted that, in the studied groups, the strongest income growths concerned farms with medium or high economic strength, which may mean that income had a significant impact on the process. Moreover, it results from the conducted research that existing institutional solutions additionally supported the tendency to reduce the scale of fragmentation of horticultural farms in the EU-12 due to the fact that the shares of subsidies were higher in groups with higher economic strength.

Policy-Making in the European Union

2020 ◽  
Keyword(s):  
European Union ◽  
Policy Making ◽  
National Level ◽  
The European Union ◽  
Eu Policy ◽  
Theoretical Approaches ◽  
Wide Range ◽  
The Common ◽  
Key Events ◽  
The Eu

Policy-Making in the European Union explores the link between the modes and mechanisms of EU policy-making and its implementation at the national level. From defining the processes, institutions and modes through which policy-making operates, the text moves on to situate individual policies within these modes, detail their content, and analyse how they are implemented, navigating policy in all its complexities. The first part of the text examines processes, institutions, and the theoretical and analytical underpinnings of policy-making, while the second part considers a wide range of policy areas, from economics to the environment, and security to the single market. Throughout the text, theoretical approaches sit side by side with the reality of key events in the EU, including enlargement, the ratification of the Treaty of Lisbon, and the financial crisis and resulting Eurozone crisis, focusing on what determines how policies are made and implemented. This includes major developments such as the establishment of the European Stability Mechanism, the reform of the common agricultural policy, and new initiatives to promote EU energy security. In the final part, the chapters consider trends in EU policy-making and the challenges facing the EU.

EU Loyalty

2019 ◽  
pp. 45-80
Author(s):  
Christina Eckes
Keyword(s):  
The European Union ◽  
National Interests ◽  
Member States ◽  
Eu Membership ◽  
Legal Obligations ◽  
External Relations ◽  
The Common ◽  
Duty Of Loyalty ◽  
International Representation ◽  
The Eu

Chapter 2 discusses the legal consequences and deeper meaning of EU loyalty with particular attention to external relations. It identifies specific active and passive obligations flowing from the principle of sincere cooperation in the context of EU external relations and argues that they are best understood as forming part of a comprehensive duty of loyalty. EU loyalty endows EU membership with a distinctive meaning. It is central to imposing a quasi-federal discipline and making sovereign states ‘Member States of the EU’ by acting as a tool that can at times take specific legal obligations beyond the letter of the law. EU loyalty legally restrains Member States from exercising their rights as independent international actors in a way that finds no parallel beyond the European Union. It may require placing the common Union interest above national interests. The concept of unity of international representation has a particular capacity to deepen and widen the obligations flowing from EU loyalty. It amplifies the effects of EU loyalty on the scope of legal action of the Member States, including in the field of reserved competences. It is also part of the explanation of why loyalty has more stringent consequences externally rather than internally. This in turn means that the duty of loyalty has a particular integrative force in the context of external relations. Chapter 2 also argues that this stringent understanding of EU loyalty is justified by the nature of external relations and that this justification should be (better) explicated by the EU institutions in order to justify EU external actions vis-à-vis EU citizens.

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