Abstract
This chapter discusses the conflict that emerged between the EU and the US over the latter’s selective visa policy vis-à-vis some citizens of EU Member States. Despite the availability of visa-free entry for all US citizens, the US Visa Waiver Program excludes nationals from Romania, Bulgaria, and Cyprus. This exclusion not only presents practical barriers but also raises significant symbolic concerns, as it aligns with the impression of ‘second-class’ EU citizenship of some nationals of EU Member States. The chapter examines the EU’s legal and political responses, particularly the Commission’s hesitation to invoke the visa reciprocity mechanism. Through an analysis of EU visa law, the Schengen acquis, and the EU’s Visa reciprocity mechanism, it explores the tension between the EU’s commitment to equal treatment for its citizens and the political aim of maintaining strong EU-US relations. Ultimately, the chapter argues that while activating the reciprocity mechanism is not legally required, doing so could serve as a strategic tool in EU-US negotiations over lifting visa requirements for the affected Member States.
| Original language | English |
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| Title of host publication | Visas, Migration and Asylum Law |
| Subtitle of host publication | The Key that Opens the Door |
| Publication status | Accepted/In press - 2025 |