«X and X v Belgium»: the need for EU legislation on humanitarian visa

Abstract

This article examines the recent judgment of the Court of Justice of the European Union in the case of X and X v. Belgium (C-638/16 PPU). The issue at stake con-cerns an application for a visa with limited territorial validity (LTV) requested by a Syrian family at the Belgian embassy in Beirut in order to apply for asylum in Bel-gium. The article discusses the different interpretations given by the Advocate Gen-eral and the Court of Justice and agrees with the AG that the EU Charter of Fun-damental Rights leaves a limited margin of discretion to Member Sates and impos-es a positive obligation to issue a LTV Visa in cases like X and X. It also concludes that the judgment in question clearly shows the need for the EU to adopt legislation regulating the issuance of humanitarian visas under the Visa Code.