Supreme Administrative Court to submit reference for preliminary ruling in visa case
The Supreme Administrative Court has decided to submit a reference for a preliminary ruling to the European Court of Justice. The SAC submission concerns the interpretation of the Community Code on Visas and the EU Charter of Fundamental Rights regarding a foreign national’s right to a court in the event their visa application is denied. The case is handled by the HFHR’s Programme of Legal Assistance for Refugees and Migrants.
“In the course of the proceedings, the Foundation lawyers argued that the general principles of the EU law, as well as the language of the Schengen Visa Code and the EU Charter of Fundamental Rights, suggest that foreign nationals should be given the opportunity to use an effective remedy and appeal to a court against a denial of the issuance of a visa. Given the above, we have filed a motion with the SAC in which we requested this Court to make a reference for a preliminary ruling”, said Jacek Białas, the member of the HFHR’s legal team who represented the complainant (a foreigner) before the Polish top administrative court.
Poland is one of the few EU countries that has no procedure for a judicial review of the visa application process. This situation has raised concerns of the European Commission, which sent an additional reasoned opinion to the Polish government concerning its failure to comply with obligations resulting from the EU law.