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Summer 2003: The Exclusion Of Foreigners: The Effects Of Schengen Visa
The European policy of Short Stay Visas (PDF, 25 pages, 69.9 KB) , by Gérard Beaudu
The author offers a thorough describtion of the extension and increasing complexity of the European policy regarding short stay visas. By using concrete examples, he reminds us of the visa policy's principles stricto sensu, i.e. the policy determining who is forced to provide a visa and who is not.. This presentation also enables the author to explain the role played by the concerned actors, as well as the recent legislative developments. By recalling the future perspectives linked to the European Union enlargement and the potential participation of Ireland and Great Britain in the Schengen area, the author draws the attention on specific elements that could lead to significative evolutions.
The Implementation of Schengen : the Visa Delivery in Bulgaria (PDF, 16 pages, 50.1 KB) , by Elena Jivela
When the communist regime fell in 1989, the Bulgarian could travel abroad again. But since that time, the need for a visa to enter the European Union and the Schengen area has become a new source of unhapiness for the Bulgarians. In this article, Elena Jileva presents the general practices related to the visa delivery for Bulgarian who wish to travel to one of the European or Schengen area countries. The author also presents some European countries consulates' peculiar practices. She shows how the arbitrary comes from system effects rather than from individual intentions. This article also provides a certain number of personnal experiences and puts a particular emphasis on the generally hostile public reaction towards the European visa delivery policy in Bulgaria.
The Financial Guarantees demanded to Indian Applicants for Short-Stay Visas (visits or tourism) : Some European Example (PDF, 3 pages, 17.3 KB) , by Virginie Guiraudon
The documents the European counties consulates ask to the Indian people willing to obtain a short stay visa clearly demonstrate the intention to detect, by intrusive means, the "people at risk" i.e. those who could be willing to illegaly immigrate. Virgine Guiraudon shows in this short article that the required documents showing the financial incomes of the individuals as well as information on their private and profesionnal lives do not only discriminate against the least fortunate ones. These requirements are also in contradiction with a certain number of civil and political rights that have been internationally recognised. They all tend to put aside the foreigners that cannot fulfill specific economical and social citeria, in spite of the different European countries' diverse requirements.
The Refusal to Deliver Visas on the Ground of an Inscription in the Schengen Information System (PDF, 21 pages, 60.8 KB) , by Claire Saas
While delivering visas, the States refer to the Schengen Information System (SIS), the Schengen members common electronic file. Claire Saas shows that in spite of attemps to make the delivery refusal less propitious to litigations between the French administration and the individuals, and notably through the creation an appeal Commission, new perspectives could be opened through a reference to the fundamental rights from the European Human Rights Convention.. Indeed, a juridictional control of the Schengen Convention by the European Court of Justice starts setting up, raising the question of the conformity of governmental dispositions to the Community rights.