La nécessaire harmonisation du visa humanitaire dans le droit de l’Union Européenne au prisme de l’asile

Abstract

Nowadays, the European Union is facing illegal crossing of its external borders by people fleeing wars and unsafe situations, endangering their lives in favor of human traffickers’ networks. In this context, the lack of common instruments allowing legal and secure access to the territories of the EU Members States to seek asylum has revived the debate on the humanitarian visa. This instrument, based on Community Code on Visa, could harmonize the right of asylum of Members States and, also, achieve the goal of a common European asylum system. However, the current instrument does not seem appropriate for the visa application for asylum purposes. The creation of an ad hoc visa would then fill the gaps which the system presents today in this field.