EU Visa Policy: What kind of Solidarity?

Article


Meloni, A. 2017. EU Visa Policy: What kind of Solidarity? Maastricht Journal of European and Comparative Law. 24 (5), pp. 646 -666.
AuthorsMeloni, A.
Abstract

In the absence of a clear indication in the Treaties as to what solidarity entails, three visions of solidarity have emerged: a supranational/functional, an intergovernmental/voluntary, and an individual-focused/constructivist vision. Following X and X v Belgium and the link between visa policy and the EU’s questionable strategy of externalisation of international protection, it can be concluded that visa policy is characterised by the absence of individual-focused solidarity, and does not offer any expression of the central place that human rights protection has in the EU’s identity as enshrined in the Treaties. This may be partly reconnected to the unclear scope of the fundamental rights protection framework applicable to visas under international law. Visa policy tends to be characterised by inter-state and state-centred solidarity which takes a supranational form in the field of policy formulation vis-à-vis third countries and an intergovernmental form in the field of implementation on the ground. Supranational solidarity has not proven to be necessarily effective in overcoming the lack of convergence of interests between the Member States in areas which are sovereign sensitive, or to be capable of doing so in a way that upholds EU principles. Intergovernmental solidarity in the implementation of the policy is functionally driven and progressively characterised by EU norms and procedures, but it is unlikely that the search for effectiveness will lead to the supranationalisation of this sovereign sensitive field.

JournalMaastricht Journal of European and Comparative Law
Journal citation24 (5), pp. 646 -666
ISSN1023-263X
Year2017
PublisherSAGE Publications
Accepted author manuscript
Digital Object Identifier (DOI)doi:10.1177/1023263X17741272
Web address (URL)https://doi.org/10.1177/1023263X17741272
Publication dates
Print01 Oct 2017
Online13 Dec 2017
Publication process dates
Deposited17 Nov 2017
Accepted01 Sep 2017
Accepted01 Sep 2017
Copyright informationMeloni, ‘EU Visa Policy: What kind of Solidarity?’, Maastricht Journal of European and Comparative Law, 24 (5) pp. 646-666. Copyright © 2018 SAGE. Reprinted by permission of SAGE Publications.
LicenseAll rights reserved
Permalink -

https://repository.uel.ac.uk/item/84q42

  • 7
    total views
  • 22
    total downloads
  • 1
    views this month
  • 5
    downloads this month

Related outputs

Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code)
Meloni, A. 2016. Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code). in: Hailbronner, Kay and Thym, Daniel (ed.) EU Immigration and Asylum Law: A Commentary Hart Publishing.