ABSTRACT
This chapter explores the tension between Member States’ wide discretion in EU visa policy and the procedural guarantees available to applicants. While the substantive grounds for refusal – especially risks of irregular migration and threats to public order – enable consular authorities to rely on complex, discretionary assessments subject only to limited judicial scrutiny, procedural safeguards have gradually gained weight. The right to a reasoned decision is now firmly established, and the principle of effective judicial protection has been strengthened, though its application to composite procedures remains uneven and often burdensome. By contrast, the rights to a timely decision and to be heard remain weak in both law and practice. Overall, EU visa law reflects a persistent imbalance between sovereignty and individual guarantees, with due process serving as a modest corrective.
