Browsing by Author "Cesarz, Maciej"

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    Communitarian And Intergovernmental Dimension Of EU Visa Law
    (Wydawnictwo KUL, 2019) Cesarz, Maciej
    This article explores the development of EU visa policy with special emphasis put on legal and institutional dimensions. Basing on a formal analysis of primary and secondary law of the European Union and literature on the subject, it claims that intergovernmental roots of common visa policy strongly affect the current structure of EU regulations on visas. The research is focused on the formal development in this area of integration with particular attention paid to the intergovernmental dimension which is still present in the framework of the Schengen visa regime. Visa facilitation agreements as part of EU visa law as well as political determinants of common visa policy are also examined. The article concludes that visa issuing still remains a complex matter, characterized by dispersion of visa acquis due to separate provisions that still remain in force and which presents a mix of hard and soft law. Since the Member States have retained the right to issue national, long-term visas and the national practice of issuing uniform visas remains varied, European integration in the area of visas is still incomplete.
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    A new type of EU visa? The legal nature of a travel permit issued under the European Travel Information and Authorization System (ETIAS)
    (Wydawnictwo KUL, 2021) Cesarz, Maciej
    The key purpose of ETIAS is the monitoring and selection of persons entering the EU and authorization of entry to its territory. The authors of this new large-scale database project underline clearly that the ETIAS permit is not a visa but should be more accurately referred to as a visa-waiver. However, as an electronic system dedicated to entry authorization linked to the traveler’s passport, ETIAS manages the movement across EU external borders of the citizens from 62 third countries, i.e., a population of about 1,4 billion people eligible for visa-free travel. The main aim of the article is to compare Schengen visas and travel authorization that will be issued under ETIAS regulation starting in 2022. The comparative analysis includes several arguments in favour of the thesis that travel decisions issued under the new ETIAS regime fit into the broad legal definition of visas, understood as authorization to enter the territory of the European Union.