23/08/05
JRS-Germany Comment: EU challenges 'lax' German
visa law
The
article below, which appeared in the EU
observer on 3rd August gives the wrong
impression that Germany's visa regime is
very liberal. As we have seen in the last
weeks in the context of the 20th World Youth
Day in Cologne, a lot of people especially
from Africa and Asia have been blocked by
the German embassies from coming as pilgrims
even if they fulfilled all the requirements
which had been agreed upon by the German
Ministry of Foreign Affairs and the
organizors of the World Youth Day. There is
a lot of speculation that the "liberal" visa
policy has caused a higher influx of
criminals, prostitutes and the like. But
that is what it is: pure speculation! Even a
parliamentary investigation committee could
not produce any evidence supporting it.
In our
opinion the discussion takes the wrong
track: It completely focuses on blocking
people from entering Europe. It does not
take into consideration the need to provide
safety and protection to those who are
fleeing from human rights violations. Europe
should remember her core values: Protection
of human rights and shelter to those who are
in need. Stefan Kessler, JRS Germany
EU calls for clarifications on current
German visa policy
05.08.2005 - 08:10 CET
| By Honor Mahony
EUOBSERVER / BRUSSELS - The
European Commission on Thursday (3 August)
announced that a lax German law on issuing visas
that had caused political furore in Berlin was
"incompatible" with EU law.
The visa system, in place from 2000 to 2003,
contained loopholes allowing tens of thousands
of eastern Europeans, particularly from Ukraine,
to enter Germany.
"The 2000 [policy] was not compatible with
Schengen law, with EU law, with the common
consular instructions", said a commission
justice spokesperson.
German visa policy was examined by the
commission because having a valid visa for one
of the schengen states - those part of the EU
open borders policy - includes the right to stay
up to three months in all other Schengen
countries.
In a reply sent to German centre-right MEP
Joachim Wurmeling about whether the visa system
was in line with EU rules, justice commissioner
Franco Frattini noted that the 2000 policy "ran
counter to the Common Consular Instructions (CCI)".
This policy meant that German consulates were
supposed to give applicants wanting to come to
Germany the benefit of the doubt if they were
not fully able to say how they would finance
their trip or what the purpose of the trip was.
The opposition in Germany said that criminals,
prostitutes and drug dealers from former Soviet
satellite states had been allowed in under the
system, which was introduced at the behest of
foreign minister Joschka Fischer.
The political scandal dragged on for months with
some ministers from the ruling Social Democrat
and Greens coalition forced to appear before a
parliamentary enquiry on the issue.
Better but could be improved
The spokesman said that Germany had last year
introduced a new law with "sufficiently
stringent rules to make it compatible again with
EU law" meaning that it is "not necessary to
start infringement procedures".
However, he pointed out that some aspects of the
new German visa policy which came into place
last year could "benefit from editorial
clarification".
One aspect of the law that the commission draws
attention to is what happens when an applicant
puts forward incomplete or false documents.
The commission believes this should mean that a
visa is definitely not granted whereas the
current German law says that a visa would
normally not be granted.
