The European Parliament has approved an expansion of the grounds allowing for the reintroduction of the visa requirement for entry into the Schengen area for certain third countries. Slovenian Socialist MEP Matjaž Nemec spoke with EU Perspectives about the matter.
The European Parliament’s plenary session in Strasbourg greenlighted a visa mechanism this past week, potentially threatening visa-free access for citizens of third countries ot the Schengen zone. In particular, new reasons for suspending visa exemption for the EU have appeared, including hybrid threats, the issuance of “golden passports,” violations of human rights, and failure to comply with decisions of international courts. The regulation passed comfortably with 518 votes in favor, 96 against and 24 abstentions.
“With a modernized suspension mechanism, the EU will be able to suspend the visa exemption regime in cases of serious human rights violations, and will be able to apply the suspension in a targeted way to government officials or other groups. This mechanism strengthens our commitment to human rights and international law,” MEP Matjaž Nemec (S&D/SVN), rapporteur for the file told EU Perspectives.
How does the visa mechanism work for the member states?
The EU has in place a visa-free regime with 61 third countries around the world. Until now, visas could see temporarily reintroduction mostly for reasons of security or migratory risks. While the member states can notify the Commission of the existence of grounds for suspension in certain cases, the Commission has to trigger the mechanism by proposing a formal decision, with Council approval. The mechanism works for the Union and to protect its interests and those of the member states. With this reform, new grounds for suspension are in place, namely: operating a citizenship-by-investment scheme if it poses a risk for the Union; non-alignment of visa policy; or for political reasons when foreign relations with the EU have deteriorated, for example in cases of severe breaches of international law or human rights.
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What will it look like in practice?
The European Commission can, upon receiving a proposal from a concerned member state or on its own initiative, assess the situation and may start the process of suspending visa-free travel from specific third countries into the Schengen area – first temporarily, and then potentially permanently if the issues persist. The Commission can now decide to apply the suspension only to certain categories of passports.
Can you see any obstacles for its implementation?
The mechanism has safeguards in place and clearly defined rules for its application, which should not lead to discrimination, which would also be against EU law. Strict democratic control, including that of the European Parliament and the EU Court, can ensure its proper application and hopefully make sure that is the case in practice too.
At which point does the mechanism of visa suspension become a sanction? Does the European Parliament have a say in this?
The visa suspension mechanism is to work as a deterrent tool to promote EU values and to discourage third countries from undermining international law. The mechanism also addresses security risks and is not to serve as a sanction. Any proposal needs to be justified, and the assessment of its implications carefully addressed, in particular for civil society. The European Parliament can ensure this by closely monitoring the implementation of the mechanism and ensuring its consistent and transparent application.
Could the visa suspension apply to Israel and its citizens due to the violations of international law committed by the country?
We fought hard in the European Parliament to extend the grounds for suspension to also include cases of violations of international law and human rights. However, the application to specific countries, including Israel, would depend on the assessment of the European Commission and the procedures outlined in the regulation. If you ask me, when it comes to Israel, the conditions under the regulation are met for the mechanism to be triggered.
Do you already have a list of “sensitive” third countries that the regulation is likely to affect?
There is no list. All countries that enjoy visa-free access must comply with the EU’s criteria for visa liberalisation. If this is no longer the case, then the reintroduction of visas may follow suit. The Commission must—as the guardian of the EU treaties—regularly assess whether this is the case, and has to act if it is not.
How could the visa mechanism be objective and impartial?
The mechanism is impartial, based on clearly defined rules and thresholds. However, it is always a political decision to trigger and apply the rule, first by the Commission and then by the Council. The European Parliament will have to closely monitor its implementation in practice and ensure the objectivity and impartiality of the visa suspension mechanism by promoting transparency in decision-making. It will also have to make sure that decisions are based on factual and consistent assessments.
The regulation now awaits formal approval by the Council. It will become law when both the President of the Parliament and the Council Presidency sign it. The Official Journal will then publish it and the regulation will become law, taking effect 20 days later.
