A few years ago, Russia and the EU were actively working within the framework of a visa-free dialogue. Unfortunately, in less than 10 years, the visa problem has acquired a fundamentally different character. Now some EU countries are discussing the issue of not canceling, but banning the issuance of Schengen visas to Russian citizens.
After Russia's recognition of the DPR and the LPR, as well as the beginning of the special military operation in Ukraine, a number of EU countries, for various reasons, restricted or stopped issuing Schengen and national visas to Russian citizens or restricted entry into their territory. At the same time, according to EU visa statistics, all countries that suspended the issuance of visas in 2022, according to the results of the pre-2019 year, issued no more than 20% of the total number of Schengen visas to Russian citizens. Against this background after the February 24, some of the EU states renewed the issuance of all types of entry visas to Russians after the covid restrictions.
Taking into account the single visa space of the Union, unilateral restriction would not affect Russia, that is why the idea of banning the issuance of Schengen visas is now being discussed in the EU. Thus the issues is planned to become an object of discussion at the meeting of the European External Action Service on August 31.
The current situation has formed a quiet curious precedent. Formally, the EU Visa Code, which has direct effect, establishes the procedure and conditions for issuing Schengen visas. Any decision to refuse a visa must comply with the requirements of the Code and be justified (article 32). Moreover, national law should provide for the possibility of appealing such a decision. When applying the Visa Code, law enforcement agencies are obliged to follow the principle of individual assessment (article 1). However, the states that have suspended the issuance of visas to Russians do not refuse to issue visas, but do not accept visa applications. In other words, these states do not carry out activities for issuing Schengen visas to Russians, and the European Union cannot oblige them to carry out this activity, since this issue is the responsibility of national governments.
According to the opinion of the Russian International Affairs Council (RIAC) experts, the prospects for a Union-wide ban on the issuance of Schengen visas to Russian citizens should be considered in two major aspects - legal and political.
Legal aspect
Formally, EU law does not provide for such a possibility. According to article 215 of the Treaty on the Functioning of the EU, restrictive measures may provide for the complete or partial suspension or reduction of economic and financial relations with one or more third countries, as well as measures against individuals and legal persons groups or non-State entities. Individual sanctions may provide for visa restrictions, but the law of the Union does not provide the EU with the opportunity to impose visa restrictions on all citizens of a certain state.
In addition, the ban on issuing visas to all citizens of a certain State contradicts such key principles of modern democratic society as non-discrimination and the prohibition of collective responsibility. After all, in the case of a ban on issuing visas to all citizens of the Russian Federation, this can be qualified as a measure of responsibility imposed on all persons, without taking into account the role and guilt of each citizen, and collective responsibility is prohibited by international law.
Political aspect
The RIAC expert state that such measures are going to be couterproductive.
According to the guidelines on the implementation and evaluation of restrictive measures (sanctions) within the framework of the common Foreign and security policy, the EU adheres to the principle of targeted sanctions (targeted measures). The essence of this approach is that the greatest effect of sanctions should be directed directly at decision makers and related persons, but at the same time minimally affect the population of the country. In case of a ban on the issuance of visas, it will primarily affect ordinary citizens, and that part of the population that is more or less connected with the EU countries and is quite loyal to them. There are suggestions by supporters of visa restrictions on Russian citizens that the ban on entry to EU countries will cause discontent among the population with regard to the political leadership of the Russian Federation. However, most likely, such a ban will cause a negative reaction towards the authorities of the EU countries.
Source: RIAC
