The European Travel Information and Authorisation System (ETIAS) : enhanced or diluted protection of human rights?

Abstract

As a result of an increase in complex threats and terrorist attacks over the years, security concerns have risen, which have led to the European Union to prioritise the matter and improve the situation so that more control of who is entering the Union and Schengen Area is present. Advancements aiming at an efficient European Union border management policy which take into account citizens who do not form part of the Union have been made. However, a gap is missing with regards to third country nationals who are visa exempt when accessing the Schengen external borders. Therefore, the European Commission has proposed the European Travel Information and Authorisation System which caters for this gap. The proposed provisions encapsulate that any visa exempt third country national who intends on travelling to the Schengen Area must fill in an application form and provide certain information which will be processed and analysed in detail in order to be granted or denied authorisation. Although the objective of this system is to eliminate the chances of any danger from entering into the Schengen zone, the proposal as it is today impacts considerably on the fundamental human rights of individuals such as on the right to the protection of personal data and right to non discrimination. Despite the fact that those living in the Schengen Area need protection, in the face of terrorism, visa exempt third country nationals who have a link with the European Union are entitled to these rights too. Therefore, a balance should be created not to undermine the rights of either category of persons which presently does not seem to exist. This study shows how the human rights of individuals living in the Schengen area are enhanced at the expense of visa exempt third country nationals whose rights are diluted by means of the proposed system.