Slovakia referred to Court of Justice over its visa legislation
On Thursday 17 May, the European Commission announced it was referring Slovakia to the European Court of Justice because the country does not allow judicial appeal against a decision to refuse, annul or revoke a visa.
National law in Slovakia currently only provides for the possibility for an appeal before non-judicial administrative authorities. On the basis of the Visa Code (Regulation (EC) No 810/2009) and the Charter of Fundamental Rights of the EU, visa applicants have the right to a non-arbitrary treatment of their visa application and this right must be protected by a judicial appeal procedure, the European Commission states in a press release.
The Visa Code Regulation obliges member states to provide for a right of appeal against a visa refusal, annulment or revocation. The right to a judicial appeal against a visa refusal was confirmed by the Court of Justice of the EU in the El Hassani case on 13 December 2017.
The EU Treaty obliges member states to provide sufficient remedies to ensure effective legal protection, and the Charter of Fundamental Rights of the EU grants individuals the right to an effective remedy before a tribunal, when rights and freedoms under Union law are violated. (Original version in French by Solenn Paulic)
