Case C-170/96, Commission of the European Communities v. Council of the European Union, judgment of 12 May 1998, [1998] ECR I-2763

Common Market Law Review

Volumn 36, Issue 1, 1999, Pages 149-155

  Oliveira, Álvaro ^a  

^a EUROPEAN UNIVERSITY INSTITUTE   (Italy)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0347716883     PISSN: 01650750     EISSN: None     Source Type: Journal    
DOI: 10.1023/A:1018663800903     Document Type: Article

References (12)

1. Joint Action 96/197/JHA, O.J. 1996, L 63/8.
2. O.J. 1994, C 11/15.
3. COM(94) 287 final, of 13 July 1994.
4. Council Regulation (EC) No. 1683/95 of 29 May 1995, O.J. 1995, L 164/1.
5. Council Regulation (EC) No. 2317/95 of 25 Sept. 1995, O.J. 1995, L 234/1.
6. Case 292/95, European Parliament v. Council of the European Union, [1997] ECR I-3213.
7. As when third country nationals go from one Member State to another crossing a third one. A transit visa may be required to pass through the third Member State, even though the holder of the visa is not submitted to any border control there.
8. In Levin (case 53/81, [1982] ECR 1035), quoted by the A.G. to stress the interpretative value of Art. 3, the scope of Art. 48 was not restricted, quite on the contrary.
9. See Corbett, The Treaty of Maastricht - From conception to ratification: a comprehensive reference guide (Longman, 1993), at pp. 349-352.
10. Moreover, it is not consistent to sustain that the airport transit visas are outside the scope of the list of visa countries, but are within the scope of the uniform visa format (also provided by Art. 100c). See Art. 5 of the Regulation on the visa format and Art. 2 of the Joint Action.
11. Moreover, the words "entry and movement" in Art. 3(d) can simply be read "disjunctively" and not "conjunctively", as is usual for other subparagraphs of Art. 3.
12. Preparatory work on this topic has already started within the Council and views are not always convergent. A similar discussion on the legal basis may also occur, after the entry into force of the Amsterdam Treaty, regarding fighting racism, on which both the Community (under the new Art. 13 EC) and the third pillar of the Union (under the new Art. 29 TEU) will have competence.