«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 concerns 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 Belgium. The article discusses the different interpretations given by the Advocate General and the Court of Justice and agrees with the AG that the EU Charter of Fundamental Rights leaves a limited margin of discretion to Member Sates and imposes 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.