Abstract
The subject of the glossary is to consider certain aspects concerning issuing of humanitarian visas . Its aim is to demonstrate the need for humanitarian visas in order to allow individuals to cross the external borders of the European Union in hopes of protection in one of its Member States . The prohibition of torture, inhuman or degrading treatment derives from the European Union and inter-national law . It confirms the importance of granting international protection to foreigners and accessibility to this procedure . This article is generally based on the Advocate General’s opinion and the judgment of the Court of Justice of the European Union in case C-638/16 X and X v État belge . It is also noted that the Court did not comply with the recommendations of the Advocate General . The arguments used in this article are to show that people in need of international protection should be able to apply for a humanitarian visa under European Union and international law
Highlights
On 7 March 2017, the Court of Justice of the European Union (CJEU) issued judgment in case C-638/16 X and X v État belge1
The AG delivered his opinion on 7 February 2017, he mentioned that MS issuing a territorially restricted visa applies EU law and, is supposed to protect rights guaranteed by the Charter
The AG emphasized that in the present case the CJEU should confirm the need to protect the rights listed in the Charter, while in the case of refusal, the persons would be subjected to torture, inhuman or degrading treatment
Summary
On 7 March 2017, the Court of Justice of the European Union (CJEU) issued judgment in case C-638/16 X and X v État belge. The judgment concerned applicability of the European Union (EU) law in case of issuance of short-term visas due to humanitarian reasons. “A visa with limited territorial validity shall be issued exceptionally, in the following cases: (a) when the Member State concerned considers it necessary on humanitarian grounds, for reasons of national interest or because of international obligations, Judgment of the CJEU (Grand Chamber) of 7 March 2017, C-638/16, X and X v État belge (ECLI:EU:C:2017:173). The Court considered the application for a short-term visa as inappropriate and stated that this issue should only be regulated at the state level Most of this glossary is based on the AG’s opinion, as it suggests a more rational way of understanding. The Belgian State mentioned that according to international agreements, there is no obligation to issue visas under art.
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