EU Not Required to Revoke Visa-Free Access for Americans: ECJ

In a significant legal ruling, the European Court of Justice (ECJ) reaffirmed Americans’ visa-free access to Europe. The decision comes in the wake of Washington’s discriminatory practices against some European visitors to the United States.

Here’s a breakdown of the ruling and its implications.

Visa-Free Access Secured for Americans

The ECJ’s ruling was a victory for the United States, which has been under pressure from the European Parliament to revoke visa-free access for Americans in retaliation for the US’s decision to exclude citizens of Bulgaria, Cyprus, and Romania from its visa waiver program.

The ECJ’s ruling said that the EU’s principle of reciprocity, which requires that countries treat each other’s citizens equally, does not automatically apply in this case.

The court said that the commission must take into account the “consequences” of revoking visa-free access for Americans, such as the impact on trade and tourism.

The commission has not yet said whether it will appeal the ECJ’s ruling.

ESTA and ETIAS: The Screening Systems

For most Europeans visiting the United States, obtaining an Electronic System for Travel Authorization (ESTA) is a prerequisite for a visa waiver. The European Union plans to introduce a similar system, the European Travel Information and Authorization System (ETIAS), next year, which will apply to Americans and other visa-waiver-eligible nationalities.

Both Washington and Brussels emphasize that these pre-travel screening approvals, such as ESTA and ETIAS, do not constitute visas but rather evaluate applicants against entry criteria.

Also Read: EU Clarifies ETIAS Requirements: No Health Info or Biometrics Required

Cost and Validity

An ESTA application costs $21 and is generally valid for two years. Meanwhile, an ETIAS application is expected to cost approximately seven euros ($7.50) and have a validity period of three years.

Tourism and Economic Impact

Americans accounted for five per cent of long-haul tourist arrivals in the European region last year, totalling around 28 million visits, according to the European Travel Commission (ETC). Top destinations for long-haul visitors included Turkey, France, Spain, and Britain.

Conclusion

The ECJ’s ruling preserves visa-free access for Americans to Europe while acknowledging the complex political and economic considerations that underpin this decision. As the EU prepares to implement the ETIAS system, the issue of equal treatment for travellers remains a focal point in EU-U.S. relations.