Think Immigration: Understanding EU Immigration law and the Latest on the Schengen Visa Scheme

As part of our efforts to amplify the AILA Law Journal, we asked author Yuu Shibata to share insights into their article in the newly released Fall 2024 edition of the AILA Law Journal. AILA members, access your free digital copy of the Law Journal to read more!
 

Take us inside the article – what was your focus for this piece?

This article aims to provide immigration practitioners with a comprehensive understanding of the technical and legal aspects of EU immigration law, with a particular focus on the Schengen Visa scheme and related border management systems.

The core of the article examines the Schengen Visa scheme in detail, covering key aspects such as the types of Schengen visas, general requirements, application process, visa refusal, and appeal rights. It also explores the Schengen visa waiver system for certain non-EU countries that are not required to obtain a short-term visa to enter the Schengen Area.

The article also discusses the digitalization of EU border control systems, including the Visa Information System (VIS), Schengen Information System (SIS), Entry/Exit System (EES), and European Travel Information and Authorisation System (ETIAS).

Finally, it highlights the latest updates to the Schengen Borders Code, which was revised in 2024 to strengthen border security.


Why did you feel you should write this article?
There were several reasons why I decided to write this article. Firstly, the applicability of EU immigration law across multiple European countries makes it a crucial topic for immigration practitioners. However, the main reason for writing this article was the scarcity of comprehensive resources specifically addressing the practical aspects of the Schengen Visa Scheme alongside related EU instruments. While there are many individual explanations for each of these topics, understanding how they relate to one another can be challenging, especially for practitioners who may not be familiar with EU immigration law.

Therefore, in addition to explaining the EU Schengen Visa and the EU's border management system, I aimed to provide a background on EU immigration law and its principles, detailing the different systems that have been and will be introduced. My goal was to offer a deeper and clearer understanding of EU immigration law regarding short stays (up to 90 days in any 180-day period) and how these instruments interact with each other.

Lastly, I believe it is essential to discuss the latest updates to EU immigration law. This year, the revised EU Schengen Borders Code introduced significant measures to address some of the practical challenges. For example, one of them is the introduction of the  "Harmonization of Temporary Travel Restrictions." Article 21a of the Schengen Borders Code allows for the adoption of EU-level measures that can restrict access for non-EU nationals during large-scale public health emergencies. The Council is empowered to implement testing, quarantine, self-isolation, and other health-related measures for non-EU citizens entering the EU.

While this measure seems to stem from the experiences of the Covid-19 pandemic, I find it surprising that such a significant authority has been conferred to the Council, particularly regarding sensitive issues like external border controls (It’s worth noting that the Council consists of national ministers from each EU country, and it isn’t a supranational institution like the Commission). Yet, I think that this development may reflect the EU’s intentions and vision for the future management of external border controls. Bringing these types of reflection may enrich further discussion among immigration professionals.


What are the key insights you hope readers will take away from reading the article?
I hope this article enhances the understanding of the Schengen Visa Code and its relationship with other EU instruments, such as the Schengen Borders Code, VIS, SIS, etc.

I also aim to highlight the complexity of EU immigration law and policy, which operates at both the supranational and intergovernmental levels. While exploring the intricacies of these dimensions may be challenging, grasping their interplay will significantly deepen one’s insight into EU immigration law as a whole.

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