ABSTRACT

This chapter explores whether the EU has the capacity to react to Canada's reintroduction of the temporary resident visa (TRV) requirement for the nationals of the Czech Republic in order to restore reciprocity and uphold the common visa policy. The Czech authorities believe that the minority and human rights situation in the Czech Republic is not in itself the cause for the increase of Czech refugee claims in Canada. EU-Canada cooperation in justice and home affairs (JHA) started out in the 1990s, following the inception of the Schengen cooperation in Europe. The Visa Code established a common corpus of legislation resulting from the consolidation and development of the Schengen acquis on visas. Canada having granted asylum to Czech Roma raises questions as to the level at which some member states are complying with their EU and international human rights obligations.