Mazzeschi contributed a chapter in 《The Charter and Court of Justice of the European Union》

Oct 28, 2019


Wolf Legal Publishers has published «The Charter and the Court of Justice of the European Union: Notable Cases from 2016-2018». This collection contains annotated judgments of the Court of Justice of the European Union from the period 2016-2018, commenting on landmark cases in which the Charter of Fundamental Rights of the European Union was central to the dictum of the Court of Justice of the European Union.  Click this link to download a preview of this book in PDF format.

Avv. Marco Mazzeschi and our Senior Legal Consultant – Yuu Shibata were invited to contribute a chapter in the book – «X and X v État Belge: a Dead End for a Humanitarian Visa in the EU?». Please find below a preview of the contents in this chapter:


Chapter: X and X v État Belge: A Dead End for a Humanitarian Visa in the EU?

Contributors: Marco Mazzechi & Yuu Shibata


  1. Introduction
  2. Facts and the questions referred to the Court
  3. Legal reasoning of the ECJ and the Opinion of the Advocate General
  4. Legal and Political issues behind the humanitarian visa
  5. Consequences of Judgment C-638/16 PPU on the issuance of the humanitarian visa
  6. X and X v État Belge and the European Court of Human Rights
  7. Conclusions

This time we focused on the Judgment C-638/16 PPU. This case concerned a Syrian family living in Aleppo. They submitted to the Belgian Embassy in Beirut an application for a visa with limited territorial validity, yet their petition was rejected by the Belgian immigration authorities. The applicants challenged these decisions and in these circumstances, the referring court decided to refer the case to the ECJ for a preliminary ruling. This case represented a great opportunity for the ECJ to clarify expressly that when a Member State implements EU law, adopting a decision in relation to an application for a visa with limited territorial validity, this Member State should be required to ensure that the rights guaranteed by the Charter are respected. Yet, the ECJ did not provide much explanation/clarification on this aspect, limiting itself with simple reasoning that this case falls outside the scope of EU law, and therefore, falling solely within the scope of national law. In this way, the ECJ drastically closed the possibility to open a new pathway (at EU level) to asylum seekers looking for international protection. In this comment, it will be scrutinized the legal reasoning made by the ECJ and the Advocate General in his Opinion, focusing on the application of the Charter of Fundamental Rights of the European Union with the ultimate goal to better understand the Union’s positions towards the issuance of the visa with limited territorial validity on “humanitarian grounds” and its actual applicability.



This book can be purchased at your bookshop, or by contacting the Wolf Legal publisher directly via email.

Wolf Legal Publishers:


Web Content Manager

This article is posted by Mazzeschi Web Content Manager. Should you need any further information, please do not hesitate to contact at Follow us on social media @StudioMazzeschi to receive latest updates.

  • Contact us

    To request an initial assessment or to arrange a consultation call with one of our consultants, please provide us with your contact details and we will get back to you within the next 24 (working) hours.

    Get in touch →
  • MAZZESCHI S.r.l. - C.F e P.IVA 01200160529 - Cap.Soc. 10.000 € I.V. - Reg. Imp. Siena 01200160529 - REA SI-128403 - Privacy Notice - Cookies Policy
    Copyright © 2019 by Mazzeschi - Web Designer Alessio Piazzini Creazione siti web Firenze
  • Mazzeschi S.r.l. | Operazione/Progetto finanziato nel quadro del POR FESR Toscana 2014-2020
    Il progetto ITACA (ITaly Attract ChinA) è un investimento nei paesi/mercati a lingua cinese, in particolare Taiwan con l’obiettivo di accrescere le quote di mercato dell'azienda. Tramite ITACA la Mazzeschi Srl ha aperto un ufficio a Taiwan con assunzione di personale di lingua cinese, creato un sito internet in lingua cinese e partecipato a fiere e varie attività di promozione a Taiwan.

    Mazzeschi S.r.l. | Project co-financed under Tuscany POR FESR 2014-2020
    The ITACA project (ITaly Attract ChinA) is a fund to invest in Chinese-speaking countries/markets, in particular Taiwan with the aim of increasing the company's market shares. With the help of ITACA project, Mazzeschi Srl has opened an office in Taiwan and has hired a Chinese-speaking staff, created a Chinese website and participated in fairs and various promotional activities in Taiwan.