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Council of the European Union
Humanitarian Visas: Court case
16.3.17
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Humanitarian visas - Reference for a preliminary ruling on the interpretation of Article 25(1)(a) of the Visa Code (Case C-638/16 PPU, X and X v. Belgium) (LIMITE doc no: 7271-17, pdf):

"On 7 March 2017, the Court of Justice (Grand Chamber) gave its judgment in Case C-638/16 PPU, Humanitarian visas. It concerns the interpretation of Article 25(1)(a) of Regulation 810/2009 (Visa Code) and of Articles 4 (on prohibition of torture and inhuman or degrading treatment) and Article 18 (on right to asylum) of the Charter of Fundamental Rights, and more particularly the question of whether Member States were obliged by the Charter to deliver visas of limited territorial validity under Article 25(1)(a) of the Visa Code to a family of Syrian nationals having requested such visas at the Belgian consulate in Lebanon with a view to apply for international protection in Belgium. As the preliminary ruling was about the interpretation of the Visa Code, and not about its validity, the Council did not intervene. This Case had raised a lot of concern among Member States, 14 of which intervened in support of Belgium......

One can draw from this judgment that should the EU decide to adopt harmonising legislation regarding the issuance of long-term visas or the examination of asylum or international protection applications submitted in the territory of third countries, the relevant authorities of the representations of Member States in these countries would fall within the scope of EU law and therefore within the scope of the Charter of Fundamental Rights"

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