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| Dionis Cenuşa | |
Recently, MEP Monica Macovei launched the idea that the liberalized visa regime with the European Union could be suspended for Moldovans if the assumed reforms are not carried out. The MEP noted that the annulment of the visa regime can take place regardless of the geopolitical orientation of the government of Moldova. The European official is yet convinced that this is more probable if the pro-Russian forces come to power as these are able to abandon the reforms demanded by the EU.
It is definite that the liberalized visa regime is conditioned by a set of clear requirements that greatly depend on the quality of control over migration and the state borders and also on the guaranteeing of human rights. Without these elements, the agreement with the EU would be ended, while Moldova could return to the facilitated visa regime and the Schengen visas would be reintroduced. What are yet the concrete circumstances that can lead to the loss of the liberalized visa regime with the EU and which are the decisive factors?
The visa-free regime can be suspended
In December 2013 the EU introduced a suspension mechanism that allows temporarily reintroducing visas with third countries that benefit from a liberalized regime. This thing can be determined by one of the following situations: spontaneous and considerable increase in the number of illegal migrants, asylum seekers with unjustified motives or of refusals to reaccept illegal foreign emigrants. For now, none of these situations was witnessed in the case of Moldova, but if one appears, this will allow the EU to initiate the suspension of the liberalized visa regime for Moldovans. Furthermore, the visas can be reintroduced by invoking the principle of reciprocity. Thus, the EU can impose again Schengen visas on Moldovans if Moldova decides to restrict the visa-free movement of the EU citizens, as the Communist government did with regard to the Romanian citizens in April 2009.
Human rights also count
Any regression in the area of human rights will represent a negative signal for the EU. The implementation of the Law on the Equality of Chances, which took effect in January 2013 and which is heavily disputed by the pro-Russian forces led by Renato Usatyi and Igor Dodon, but which was demanded by the EU, guarantees minimum legal conditions against acts of discrimination. The unfriendly environment in which the law was adopted, generated by the opposition put up by clerics and groups of parishioners, but also by the pro-Russian forces, makes the EU to attentively follow this subject given that the discrimination on grounds of nationality, ethnicity, language, religion or convictions, sex, age, disability or opinion, including sexual orientation, runs counter to the principles promoted inside the EU and in the external European policy. At the same time, the non-implementation of the anti-discrimination legislation represents a source of risks. Thus, the discrimination of the Moldovans on different grounds could lead to the appearance of Moldovan asylum seekers in the EU member states. These aspects are principled for the EU and their negligence can cause a possible suspension of the liberalized visa regime.
Instead of conclusion
Evidently, Monica Macovei simplifies things and connects an eventual suspension of the visa-free regime with the EU with the non-implementation of the reforms assumed by Moldova. This assertion is true, but needs to be explained.
Thus, the reintroduction of visas depends directly on the way the Moldovan authorities manage migration and, respectively, the external borders. The non-fulfillment of the commitments concerning the illegal migrants and asylum seekers in Moldova or the non-admission of foreign illegal migrants can determine the EU to implement the ‘suspension mechanism’. This step can be taken if a European country proves that it faces serious problems because of the departures committed by Moldova. Also, the EU can restore the visas in response to the decision of the Moldovan political forces to impose visas on the European citizens. An additional motivation of the EU is political in nature and is related to the observance of human rights and the implementation of anti-discrimination policies by the Moldovan authorities.
Moldova is for now the only Eastern Partnership country - signatory of the Association Agreement with the EU that benefits from the visa-free regime with the EU. Though Ukraine and Georgia expect the same thing, the EU promises to advance the process only in 2016, without specifying a concrete date. However, the future of the visa-free regime with the EU provided to Moldova is uncertain, given the inimical statements of the pro-Russian forces in Chisinau, whose popularity is growing.
Anyway, the EU will take into account the actions of the Moldovan authorities and less the political statements. Thus, the problematic management of migration and borders and the regression in the area of human rights will be used by the EU as arguments to justify a possible suspension of the visa-free regime. The political impact of this decision will be devastating for the pro-European movement in Moldova. Moreover, this will have considerable economic and social implications and will amplify the Moldovans’ chase for Romanian and Bulgarian passports.
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