European Parliament : Notice to members - Petition No 0062/2017 by Veronika Nyang (Norwegian) on the refusal of the Spanish consulate in Senegal to grant a Schengen visa - PE 613.338v01-00 - Committee on Petitions

European Parliament

2014-2019

Committee on Petitions

31.10.2017

NOTICE TO MEMBERS

Subject:Petition No 0062/2017 by Veronika Nyang (Norwegian) on the refusal of the Spanish consulate in Senegal to grant a Schengen visa

1.

Summary of petition

The petitioner claims that the consular services of the Spanish embassy in Senegal have wrongfully denied an application for a Schengen visa for her husband. The petitioner alleges that the Spanish officials dealing with her application did not fulfil the requirements of EU legislation on free movement and the granting of Schengen visas, and that they did not observe proper procedure when dealing with her appeal of the refusal decision, partially because the appeal was submitted in English, not Spanish. The petitioner now asks the European Parliament to help her in resolving the matter or to establish direct contact with the relevant consular authorities in Dakar to this end.

2.

Admissibility

Declared admissible on 31 May 2017. Information requested from Commission under Rule 216(6).

3.

Commission reply, received on 31 October 2017

The petition contains limited information. It provides no indication of the nationality of the petitioner. The Commission assumes that the petitioner is a Union citizen who intended to exercise the right of free movement and her husband intended to accompany or join her in accordance with Directive 2004/38/EC. None of these elements are clarified in the petition.

The petitioner indicates that the Spanish Embassy in Senegal has incorrectly denied the issuance of a visa on behalf of Sweden to her husband. Their appeal has allegedly also been rejected.

As provided in Article 5(2) of the Directive, Member States may, where an EU citizen

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exercises the right to move and reside freely in its territory, require the family member who is a non-EU national to have an entry visa. In the same sense, the Court of Justice of the

European Union1 confirmed that such family members have not only the right to enter the territory of the Member State but also to obtain an entry visa for that purpose. Member States must grant such persons every facility to obtain the necessary visas which must be issued free of charge as soon as possible and on the basis of an accelerated procedure.

According to Article 5(2) of Directive 2004/38/EC "Member States shall grant such persons every facility to obtain the necessary visas. Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure".

The Spanish authorities correctly transposed Article 5(2) of Directive 2004/38/EC through Article 4(2) of Royal Decree 240/2007 "sobre entrada, libre circulación y residencia en España de ciudadanos de los Estados miembros de la Unión Europea y de otros Estados parte en el Acuerdo sobre el Espacio Económico Europeo".

The European Commission is not aware of the existence of a general problem in Spain related to the rights conferred to family members of Union citizens by Article 5(2) of Directive 2004/38/EC.

The petition could constitute an individual case of misapplication of EU law but that is unclear from the account of the facts of the petitioner.

In any case, the Commission continues to take specific measures to support Member States implementing EU law as regards the issuing of visas to non-EU family members of EU citizens exercising their right to free movement. This includes, among others, the publication of specific guidance for Member States' authorities, the preparation of updated guidance and the use of the expert group on free movement to remind Member States of their obligations in this field.

Conclusion

Given the fact that an offending administrative practice of a consistent and general nature cannot be established on the basis of the petition, the Commission is unable to assist the petitioner with his claim.

1 See, inter alia, judgment of the Court of 31 January 2006 in case C-503/03 Commission v Spain (Rec. 2006, p. I-1097).

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