Studia Prawnicze KUL, 2021, nr 4

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A new type of EU visa? The legal nature of a travel permit issued under the European Travel Information and Authorization System (ETIAS)
(Wydawnictwo KUL, 2021) Cesarz, Maciej
The key purpose of ETIAS is the monitoring and selection of persons entering the EU and authorization of entry to its territory. The authors of this new large-scale database project underline clearly that the ETIAS permit is not a visa but should be more accurately referred to as a visa-waiver. However, as an electronic system dedicated to entry authorization linked to the traveler’s passport, ETIAS manages the movement across EU external borders of the citizens from 62 third countries, i.e., a population of about 1,4 billion people eligible for visa-free travel. The main aim of the article is to compare Schengen visas and travel authorization that will be issued under ETIAS regulation starting in 2022. The comparative analysis includes several arguments in favour of the thesis that travel decisions issued under the new ETIAS regime fit into the broad legal definition of visas, understood as authorization to enter the territory of the European Union.