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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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    Item Type: Policy Paper
    Subjects for non-EU documents: Countries > Belgium
    EU policies and themes > Policies & related activities > Third Pillar/JHA/PJCC/AFSJ > asylum policy
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Series: Series > Centre for European Policy Studies (Brussels) > CEPS Policy Insights
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 06 Mar 2017 10:33
    Number of Pages: 10
    Last Modified: 06 Mar 2017 10:33
    URI: http://aei.pitt.edu/id/eprint/84693

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