Humanitarian Visas and Discretionary Choices in the EU: Policies on Visas and on International Protection

Abstract

In its current form, the European area of Freedom, Security and Justice lacks safe entry channels for asylum seekers facing persecution or serious inhuman or degrading treatments in their countries of origin. Leaving aside the experiences of organizing a limited number of admissions based on resettlement, the EU and its member states have instead developed normative, operational and physical obstacles in order to prevent the entry and the admission of foreigners into their territories. This paper examines the extent to which in this context it would be possible to consider that member states have a legal duty to issue humanitarian visas to asylum seekers presenting themselves before their consulates or embassies in transit countries and applying to obtain a visa. This will be assessed taking into account how the Court of Justice has interpreted the margin of discretion of the states in other areas of international protection policy.