Estonia, EU – Baltic States, Legislation, Society

The Aliens Act will be amended to provide for the right for third country nationals to turn to a court of law in the last instance with their appeal against a decision to refuse them a visa. In Estonia it has been is possible to contest the refusal only before non-judicial administrative authorities so far.

The Commission opened an infringement procedure concerning Estonia in 2012, urging the country to ensure that appeals against a decision to refuse, annul or revoke a visa include access to a judicial body.

It specifically said that the EU Visa Code Regulation establishes the obligation for member states to provide for a right of appeal against a visa refusal, annulment or revocation. In addition, the EU Treaty obliges member states to provide remedies sufficient to ensure an effective legal protection in the fields covered by EU law and the EU Charter of Fundamental Rights grants individuals the right to an effective remedy before a tribunal, when rights and freedoms under EU law are violated.

During the infringement procedure that has lasted for five years, Estonia previously found that the appeal procedure set out in the Aliens Act is consistent with EU law. However, following a preliminary ruling by the European Court of Justice in Case No. C-403/16 on Dec. 13, 2017, which upheld the position of the Commission, it became clear that the law has to be amended.

The Commission on Dec. 21, 2017 sent an additional letter to Estonia in the infringement procedure, citing the preliminary ruling of the European Court of Justice.