BRUSSELS – The interests of the US citizens were apparently protected as EU’s top court recently ruled that Brussels need not reciprocate for Washington discriminating against some Europeans visiting the United States.
The European Court of Justice (ECJ) observed that the European Commission is not automatically required to suspend the visa exemption as it has “political discretion” to decide what to do.
The European Parliament had argued that as the United States bars citizens from a few EU countries from its own visa-waiver program, retaliation should be shown.
The ECJ rejected this argument and instead said the commission “cannot be accused of having failed to act”.
The European Union advocates that citizens from its 27 member countries should be treated without any discrimination when they travel outside the bloc.
At present, the United States waives visa requirements for all EU nationals making short visits of up to 90 days but Bulgaria, Cyprus and Romania do not enjoy this privilege.
The US administration previously required visas from citizens of Croatia as well but it was added to the US visa waiver program two years ago.
On the other hand, the European Union permits Americans visa-free entry for up to 90 days.
Although EU law upholds a principle that only those outside countries giving visa-free entry to “all nationals of EU member states may benefit from such an exemption for their own nationals” there is no automatic trigger, the ECJ said.
The commission has leeway to decide whether such reciprocity “is justified,” it ruled as reported by times of malta.
For most Europeans, visits to the United States mean getting an ESTA – an Electronic System for Travel Authorisation – which screens those eligible for a visa waiver on entry.
The European Union is also planning to install a similar system next year called ETIAS – European Travel Information and Authorisation System – which Americans and other visa-waiver countries would need to get before flying.
Nonetheless, these pre-travel screening approvals are not equal to visas though they evaluate incoming passengers on the same criteria as visas do.
