THE EUROPEAN UNION’S APPROACH TOWARDS THE ENTRY OF THIRD-COUNTRY NATIONALS INTO ITS TERRITORY

Abstract

The topic related to the European Union (EU) rules on the free movement of persons is a dynamic one. Part of these dynamic EU rules are also rules concerning the entry of third - country nationals (TCNs) into the EU’s territory. The Schengen rules regulate procedures and conditions for entry of third - country nationals for a period of up to ninety days. These rules need to be developed and implemented in line with the fundamental human rights rules. The EU has been criticized for many years for its lack of democratization due to the fact that it did not give binding character rules of the Charter of Fundamental Rights of the EU. The aim of the present research is to analyse the development of Schengen rules for the entry of third - country nationals (TCNs) into the EU’s territory in light of their democratization and respect for human rights. The aim is achieved through a historical, descriptive, and analytical approach that allows using the existing Schengen rules for the entry of third - country nationals (TCNs), relevant scientific articles and official documents of the EU’s institutions. Analysis of these materials proves that EU member states enjoy wide discretion in respect of implementing the current EU rules as regards entry of TCNs into EU territory. As a result, TCNs obliged to have a visa in order to enter EU territory might be subject to unequal treatment.