Post by account_disabled on Mar 12, 2024 2:25:35 GMT -8
The Grand Chamber, in the ruling published today , maintains that the Commission is not automatically obliged to suspend the exemption, but rather "has a margin of political appreciation." In this regard, the Commission must take into account three criteria: the result of the measures taken by the Email Data Member State concerned in order to ensure exemption from the visa requirement for travel to the third country in question; the actions taken by the Commission vis-à-vis the third country authorities in order to obtain exemption for nationals of all Member States; and the consequences of the suspension of the visa exemption on the external relations of the Union and its Member States with the third country in question.
The CJEU maintains that the Commission took these three criteria into account before reaching the conclusion not to suspend the exemption from the visa requirement in question, and therefore upholds the decision and dismisses the appeal. In particular, the Commission had considered that the visa suspension for US nationals could have significant adverse repercussions on a wide range of actions and sectors.
“After offering an overview of the contacts between the Union and the United States of America in this regard and explaining the evolution of the Visa Waiver Program of that third country, as well as its political context and the bilateral relations that it had established with the Union , concluded that the adoption of such an act remained inconvenient and that it would have " counterproductive effects, especially at this time ."
The list of third countries whose nationals are subject to the visa requirement to cross the external borders and those that are exempt from that obligation is provided for in Regulation 2018/1806 of the Parliament and the Council.João Lima Cluny joins Garrigues to lead the Portuguese criminal law practice.
The CJEU maintains that the Commission took these three criteria into account before reaching the conclusion not to suspend the exemption from the visa requirement in question, and therefore upholds the decision and dismisses the appeal. In particular, the Commission had considered that the visa suspension for US nationals could have significant adverse repercussions on a wide range of actions and sectors.
“After offering an overview of the contacts between the Union and the United States of America in this regard and explaining the evolution of the Visa Waiver Program of that third country, as well as its political context and the bilateral relations that it had established with the Union , concluded that the adoption of such an act remained inconvenient and that it would have " counterproductive effects, especially at this time ."
The list of third countries whose nationals are subject to the visa requirement to cross the external borders and those that are exempt from that obligation is provided for in Regulation 2018/1806 of the Parliament and the Council.João Lima Cluny joins Garrigues to lead the Portuguese criminal law practice.