Brouwer, Evelien. (2017) The European Court of Justice on Humanitarian Visas: Legal integrity vs. political opportunism? CEPS Commentary, 16 March 2017. [Policy Paper]
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Abstract
Even before the outcome of the case between Syrian asylum-seekers v. the Belgian state (X and X v. Belgium) was known, on the morning of the 7th of March 2017 a Dutch newspaper printed the headline: “Decision of the European Court today could lay a bomb under the European asylum system”.1 Well, it did not. In X and X v. Belgium, the Court of Justice of the European Union (CJEU) decided to take a rather formal, possibly even politically motivated approach, concluding that member states have no positive obligation to issue humanitarian visa to Syrian families, even if they are at risk of ill treatment, in violation of Article 4 of the Charter of Fundamental Rights.
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| Item Type: | Policy Paper |
|---|---|
| Subjects for non-EU documents: | EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law) EU policies and themes > EU institutions & developments > European Court of Justice/Court of First Instance 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 Commentaries |
| Depositing User: | Phil Wilkin |
| Official EU Document: | No |
| Language: | English |
| Date Deposited: | 21 Mar 2017 12:00 |
| Number of Pages: | 5 |
| Last Modified: | 21 Mar 2017 12:00 |
| URI: | http://aei.pitt.edu/id/eprint/85417 |
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