Judgment in ECJ Case C-638/16 PPU X and X v État belge

In a judgment given on the 7 March 2017 the European Court of Justice stated that Member States are not required, under EU law, to grant a humanitarian visa to persons who wish to enter their territory with a view to applying for asylum, but they remain free to do so on the basis of their national
law.

EU law establishes only the procedures and conditions for issuing visas for transit through or intended stays on the territory of the Member States not exceeding 90 days.

Some EU governments were said to be relieved at the judgment but Thomas Huddleston of Migration Policy Group said 'The European Court of Justice ruling ... that countries have full discretion to refuse humanitarian visas will have serious consequences for the EU’s ability to manage migration and for the lives and safety of thousands of people'.

• Primary Source

Euro|Topics: Debates, March 2017: ECJ rules against obligatory humanitarian visas http://www.eurotopics.net/en/175676/ecj-rules-against-obligatory-humanitarian-visas

BBC News, 07.03.17: Europe court backs Belgium's rejection of visa to Syrians http://www.bbc.co.uk/news/world-europe-39190976

EurActiv, 07.03.17: [Opinion]: ECJ ruling continues absurd asylum impasse http://www.euractiv.com/section/global-europe/opinion/ecj-ruling-continues-absurd-asylum-impasse/

EUObserver, 07.03.17: EU court delivers blow to asylum seekers https://euobserver.com/migration/137140

Blog: Verfassungsblog, 13.03.17: The CJEU on Humanitarian Visa: Discovering ‘Un-Chartered’ Waters of EU Law (by Michal Ovádek) http://verfassungsblog.de/the-cjeu-on-humanitarian-visa-discovering-un-chartered-waters-of-eu-law/

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