On April 25, Tbilisi Mayor Kakha Kaladze said that in order to revoke the visa-free regime for Georgia, the EU would need “the approval of 27 member states to start the revocation process, let alone the revocation itself.” On April 26, the leader of the parliamentary majority, Mamuka Mdinaradze, wrote on his personal Facebook page that initiation of a temporary suspension of visa-free travel requires approval of the majority of EU member states and specific, clearly spelled out legal grounds, which, in his opinion, do not exist. A similar statement was made by Tea Tsulukiani, according to whom such a decision “is unthinkable and impossible given the procedures.”
These statements were actively reported by pro-government media and Facebook accounts (1,2,3,4,5).
The assertion that the approval of 27 member states is required to initiate the suspension or temporary suspension of the visa-free travel regime is not true. According to the relevant regulation, a reasoned application of only one country to the European Commission or a decision of the European Commission is required to launch this process.
How is the process of suspension or revocation of the visa-free travel regime triggered?
Resolution 1806 adopted by the European Parliament in 2018 stipulates the procedures and criteria for launching visa-free travel suspension mechanism for third countries. According to Article 8 of the Resolution, the suspension mechanism is initiated by the European Commission or on the basis of a reasoned application to the European Commission by only one EU member state if one or more of the following circumstances occur:
- A substantial increase in the number of nationals of a third country who are refused entry or who are staying in the territory of a Member State without the right to do so;
- A substantial increase in the number of asylum applications from the nationals of that third country for which the recognition rate is low;
- A decrease in cooperation on readmission with that third country;
- An increased risk or imminent threat to the public policy or internal security of Member States, in particular a substantial increase in the number of serious criminal offences involving nationals of that third country.
After analyzing the relevant reasoning submitted by the member state, the European Commission will, in the case, it decides that a temporary suspension of the visa-free travel regime is necessary, or in the case, a simple majority of Member States (in this case, 15 countries) apply to the European Commission based on the above-listed criteria, take the following measures:
- Adopt an act temporarily suspending visa-free travel for the nationals of the third country concerned for a period of nine months;
- During the period of suspension, establish an enhanced dialogue with the third country concerned with a view to remedying the circumstances leading to temporarily suspending visa-free travel;
- If the circumstances persist, extend the temporary suspension of visa-free travel for an additional 18 months;
- Before the end of the above-mentioned period, submit a report to the European Parliament that contains a legislative proposal to amend the Regulation in order to include the third country concerned in a list of the countries whose nationals are required to possess visas when crossing the EU border.
A simple majority vote of the EU Council of Ministers (15 members) is required for the adoption of the act (Article 5(1) of Regulation 182/2011).
Consequently, the assertion that the approval of 27 member states is required to initiate a procedure for revocation or temporary suspension of the visa-free travel regime does not correspond to the truth. It is clear from the text of the Regulation that the process can be initiated by a reasoned application submitted by a member state to the European Commission or by a decision of the Commission itself. For example, on the proposal of the European Commission, visa-free travel was fully suspended for Vanuatu; visa facilitation has been fully suspended for Russia and partially suspended for Belarus.
Are there grounds for the suspension of the visa-free travel regime for citizens of Georgia?
As far as legal grounds are concerned, it is worth noting a growing number of asylum applications from Georgia, which is stressed in a number of European Commission reports. For example, the sixth report, published in 2023, notes that in 2022, the number of asylum seekers from Georgia in EU member states increased by 81% compared to 2021. The recognition rate increased from 5% in 2021 to 7% in 2022. In addition, the number of Georgian citizens staying in EU territory longer than the period defined by the visa-free travel regime rose by 87%.
Based on current criteria, a substantial increase is regarded as an increase of more than 50% in the number of people staying illegally in the EU or in the number of those refused entry at the border, as well as an increase of more than 50% in the number of asylum seekers when the recognition rate is low (3-4%).
It should be noted that this year, EU member states’ ambassadors have agreed on amending the suspension mechanism by expanding the list of criteria for triggering the suspension mechanism to include the following circumstances:
- Lack of alignment of a visa-free third country with the EU’s visa policy, in cases where this may lead to increased arrivals;
- The operation of an investor citizenship scheme, whereby citizenship is granted without any genuine link to the third country concerned, in exchange for pre-determined payments or investments;
- Hybrid threats and deficiencies in document security legislation or procedures.
The amendment also provides for the suspension of visa-free travel in case of a significant deterioration of the EU’s relations with a third country, in particular when it relates to human rights and fundamental freedoms. According to the proposed amendment, these may include gross violations of human rights or serious breaches of international law and standards. According to the amendment, given that these circumstances will affect the external relations of the EU as a whole, it will be the prerogative of the European Commission to trigger the suspension mechanism on this ground. The Council will consider the amendment with the Parliament to agree on the final text of the document. In addition, the duration of the temporary suspension of visa-free travel will increase from nine to 12 months and from 18 to 24 months. If the amendment is adopted, a substantial increase will be regarded as an increase of 30% in the number of nationals of a third country who were refused entry or found to be staying in the Member State’s territory without the right to do so, while a low recognition rate will be regarded as a recognition rate of asylum applications from the nationals of that third country of less than 20%.
The EU resolution adopted on April 25, which concerns the draft law on foreign agents that passed its first reading in the parliament of Georgia and calls on the European Commission to assess the impact of this draft law on the fulfillment of visa liberalization criteria, states that the draft law contradicts the principles of democracy, the rule of law, human rights, and fundamental freedoms.
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