EU aims to toughen visa regime, even Kosovo

The proposal to add more reason among the existing ones for suspending visa-free travel had been initiated by the European Commission since 2023, and the EU Council, which represents the 27 member states, approved its position on the issue a year earlier. However, due to European parliamentary elections in June 2024 and the huge legislative burden, the European Parliament has only recently received the mandate to negotiate.

Last week, the first dialogue between the three institutions on the proposed legislation was held, aimed at reaching an agreement during the Polish Presidency of the EU Council, which lasts until the end of June. If everything goes well, the new law is expected to go into effect in early autumn.

Why is this happening now?

In essence, the bloc is becoming much tougher to visa liberalisation, reflecting a broader change: first, to combat any form of illegal migration in the EU; and secondly, to potentially use the visa regime as a political tool to exert pressure on third countries, it conveys Periscope.

Visa liberalisation ʹ which in this case includes all EU member states except Ireland, as well as non-member countries Iceland, Liechtenstein, Norway and Switzerland has long been one of Brussels' most important political means.

It allows citizens from third countries to visit the EU up to 90 days within a period of 180 days without the need for visas. Kosovo was included in this list in early 2017, and Georgia and Ukraine in 2017 ʹ moved to these countries.

The threat of attracting this privilege may, as a result, be viewed as a real penalty measure.

The current suspension mechanism, in effect since 2018, can be activated in cases of obvious abuse, for example, an increase in the number of citizens of third countries that last longer than the 90-day limit or using visa-free travel to seek asylum in the EU. So far, the bloc has suspended visa liberalisation only once: initially temporarily, then finally, for the state of the South Pacific, Vanuatu.

What are the expected changes?

In general terms, there are four main areas of change, as Brussels aims to make the visa suspension mechanism a more reliable punishment tool. First, visa liberalisation could be suspended if there is a perception of differences between the EU's overall visa policy and third country without visas.

This was the case in 2022, when Serbia allowed visa-free travel for citizens of countries like Burundi, India and Cuba. Brussels suggested that many of these individuals were using Serbia as a back “ ” towards the EU. After pressure from the European Commission, Belgrade scrapped some of those agreements. However, under the proposed legislation, such behaviour may be more easily punished.

Hybrid Threats

Another reason for visa suspension are so-called hybrid threats. While still theoretical, this provision has been inspired by countries like Russia and Belarus, which the EU has accused of transporting migrants from Africa and Asia to EU borders, such as Poland and Lithuania.

Currently, EU visa facilitation agreements with Moscow and Minsk have been suspended for several years, due to Russia's invasion of Ukraine and the crackdown on opposition by the Austrian authoritarian leader, Alayksander Lucashenka. However, if another visa-free country follows a similar tactic, the new mechanism could be activated in response.

Thirdly, if a country operates a citizenship scheme for investors by allowing individuals to buy citizenship without any real connections with the country, then visa liberalisation with the EU could be suspended in the future.

However, the fourth base for suspension is perhaps the most interesting, as it relates to EU political relations with third countries. The legislation, which is still in the draft phase, envisions that the suspension mechanism can be activated in cases of “serious human rights violations and abuse” or “serious violations of law and international standards, including human rights and disrespect of the decisions of international courts. ”

Democracy criteria

If you ask EU officials, their reading has always been that there is a <x0-cycrat democracy” when it comes to visa liberalisation, but it has never been clearly explained what exactly involves.

Another interesting and new aspect is that activating the mechanism in this case should be the exclusive competence of the European Commission, following consultations with EU member states, as it relates to the bloc's external relations.

In the end, however, it will be member states through a qualified majority who will decide to suspend visa liberalisation by a third country. As EU officials describe, this remains the nuclear “opsion when all other options are exhausted”, as the bloc is usually careful not to punish an entire people instead of its government.

That is why, earlier this year, the EU chose to suspend visa liberalisation only for Georgia's diplomatic passports holders, following democratic impasses in the Caucasus country. However, the option to target the entire population remains at the table, and with the possible expansion of the area of the suspension mechanism, the bloc is clearly sharpening its weapons. /REL