The facilitation of freedom of movement between Russia and the European Union: prospects and legal issues

Autor: V. V. Voinikov
Rok vydání: 2011
Předmět:
Zdroj: Baltic Region, Vol 3, Iss 3, Pp 106-112 (2011)
ISSN: 2079-8555
DOI: 10.5922/2079-8555-2011-3-14
Popis: The European Union, as any other state formation, divides all citizens entering its territory into two groups: those who need visas and those who are exempt from this obligation. As for any other state, for the European Union, visa regime with third countries is a general rule. An exception from this rule, i. e. the introduction of visa free regime, is made for certain states, as a rule on a reciprocal basis, if the state meets the four key criteria: 1) the nature of state policy and security level; 2) illegal migration level; 3) level of external relations; 4) level of regional cooperation and provision of reciprocity. The above criteria are presented in Council Regulation No 539/2001 of March 15, 2001 listing the countries whose nationals must be in possession of visas when crossing the external borders of EU member states. According to article 77 of the Treaty on the functioning of the European Union [1, р. 1], the issue of establishing a visa or visa-free regime for visiting EU member states falls within the authority of the community in whole, such decisions are subject to the regular legislative procedure, i. e. the consent of qualified majority in the Council and Parliament. As of today, the list of states whose nationals are exempt from the obligation to obtain a visa is approved in Council Regulation No 539/2001 of March 15, 2001 [2, р. 1]. Historically, Russia was on the first list, however, over the last ten years, our country has persistently but so far to no avail strived to be moved to the second list. So, on August 27, 2002, the president of the Russian Federation, Vladimir Putin, addressed a message regarding the problem of sustenance of the Kaliningrad region in view of the EU enlargement to the chair of the EU Commission and the heads of EU member states, which proposed considering the question of prospective transition to a visa-free regime of travel [3]. This message marked the official beginning of negotiations on the issues of visa-free travel of the citizens of Russia and EU member states. The European Union did not reject the opportunity of establishing a visafree regime; on the contrary, the meeting of the Council of the European UnV. V. Voinikov
Databáze: OpenAIRE