AG Mengozzi’s conclusion in X and X v. Belgium on the positive obligation to issue humanitarian visas. A legitimate plea to ensure safe journeys for refugees. CEPS Policy Insights No 2017/09, March 2017

Brouwer, Evelien. (2017) AG Mengozzi’s conclusion in X and X v. Belgium on the positive obligation to issue humanitarian visas. A legitimate plea to ensure safe journeys for refugees. CEPS Policy Insights No 2017/09, March 2017. [Policy Paper]

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Abstract

Introduction – Findings of the Advocate General On 7 February 2017, Advocate General (AG) Paolo Mengozzi published his opinion in the case X and X v Belgium, C-638/16 PPU, in which he concluded that EU member states have a positive obligation to issue a humanitarian visa to Syrian families based on the Visa Code and their obligations under Article 4 of the EU Charter on Fundamental Rights (CFR) to protect individuals against inhuman and degrading treatment or torture. Even if there may be doubts whether the Court of Justice of the European Union (CJEU) will follow the reasoning of the AG, his conclusions have been welcomed by many who criticise the current EU governments for their lack of an effective and humanitarian response to the current refugee crisis. 1

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