Sul rilascio di visti di breve durata (VTL) per ragioni umanitarie

The EU Institutions have repeatedly stressed that the measures to be taken to combat illegal migration should not impede persons who are entitled to international protection to have access to that protection. The EU Visa Code applies to every third-country national, including refugees. A narrow interpretation of the Visa Code might impede asylum-seekers to gain access to international protection. However, Article 25 of the Visa Code establishes that a LTV ‘shall be issued exceptionally: a) whether the member State concerned considers it necessary on humanitarian grounds for reasons of national interest or because of international obligation’. The general rules concerning the refusal of a Schengen Visa are without detriment to the application of Article 25 (Article 32). The Visa Code does not provide a procedure for the issue of an LTV. Therefore, the Member States concerned apply Article 25 during the run of the ordinary procedure provided by the Code. Article 25 leaves a certain margin of discretion to Member States in assessing the humanitarian grounds, thus whether or not to issue a visa. The discretion left by Article 25 may be exercised by the concerned Member State, in the light of the rights and principles mentioned in Article 6 TUE.