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European countries warn of a humanitarian Visa

Several States have warned the European court of human rights on the verge of creating a claim on humanitarian visas. From the point of view of Belgium, the who

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European countries warn of a humanitarian Visa
Several States have warned the European court of human rights on the verge of creating a claim on humanitarian visas. From the point of view of Belgium, the whole of the EU asylum system would be damaged, if a single country was spending suddenly visas to asylum seekers. A claim for a humanitarian visa would be a radical innovation in the System of asylum law and human rights. the By Wolfgang Janisch, Strasbourg Wolfgang Janisch

On the question of what profession he wanted to take, Wolfgang Janisch during his law studies, a standard answer: criminal defense attorney. Really seriously that was meant, and today he is glad it came to nothing, although he keeps the Job for one of the most important in the rule of law. So instead journalism: After various stations in regional Newspapers (Mainzer Rhein-Zeitung, Südwest Presse), and the FAZ, as well as a legal Promotion, with a one-year study stay in the USA, he went, in 1997, as a justice, a political correspondent for the German press Agency to Karlsruhe. Jura from the other side, as an observer of the Federal constitutional court and the Federal court of justice. Since 2010, reports and comments for the SZ. In the meantime, he also writes about the European courts; the location - Karlsruhe, Germany - has remained the same.

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With a great deal of emphasis have warned several States to the European court of human rights before, for people from war zones and crisis areas for a claim on humanitarian visas. Thus, each man could apply to anywhere in the world at any European Embassy for asylum, said the British attorney-General Geoffrey Cox at a hearing in Strasbourg. "This can't be!" France's representative Florence Merloz warned of an "untenable expansion of the reach of the European Convention on human rights". This would lead, in view of the numerous conflicts around the world, to a Blockade of the diplomatic missions. From the point of view of Belgium, the whole of the EU asylum system would be damaged, if a single country was spending suddenly visas to asylum seekers. Other States have also given their negative attitude to the log.

a family from the Syrian Aleppo, which had requested 2016 in the Belgian Embassy in Lebanon in the short-term visa for Belgium, has Complained. There they wanted to seek asylum, and as a result, the then fiercely raging war the Northern Syrian city escape, without putting themselves on a dangerous escape route. In Belgium they wanted to come with friends. Surprisingly, a Belgian court gave them the first law, but the authorities refused them the Visa.

radical innovation in the System

A claim for a humanitarian visa would be a radical innovation in the System of asylum law and human rights. Because so far, the validity of the European people's limited rights Convention, in Essence, on the territory of the 47 member States of the Council of Europe. Although the court has admitted exceptions. In 2012, he condemned Italy, the coast guard, 35 miles off Lampedusa refugees intercepted and Libya had shipped. Thus, Italy had failed to, among other things, against the Refoulement prohibition of the deportation to countries in which the Affected threatened with persecution.

Pending to a process due to the so-called Pushback to the Spanish exclave of Melilla. In both cases, but when it comes to rejections. The Syrian family wants to ride, however, access to the "safe port of Europe" - with the same legal Argument: an "inhuman or degrading treatment" prohibited under article 3 of the Convention on human rights under threat. A judgment is expected in a few months.

The court of human rights (non-EU), there is no precedent, but at the EU level. Two years ago, advocate General Paolo Mengozzi has demanded a claim on humanitarian visas should exist if the person Concerned has been "a real risk of inhuman treatment of extreme Severity" of the threat. The European court of justice in Luxembourg did not agree with his opinion: EU law, no claim could be derived. To issue visas was a matter for the States.

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