Nationality-Based Schengen Visa and Entry Bans: The Case of Russian Citizens

In response to the Russian Federation's aggression against Ukraine in February 2022, the Baltic states, Finland and Poland decided to impose a de facto blanket ban on issuing Schengen visas and close their borders to Russian nationals in violation of EU law. These nations lost a vote in Council on the proposal to install an EU entry ban for Russian citizens as part of sanctions against the Russian government but proceeded to enact it anyway, albeit in national law and in violation of the Schengen acquis. The apparent aim of the blanket policy is to punish Russian citizens worldwide for the actions of their government. The European Commission has not taken any measures to put a stop to this practice, thereby allowing the continuation of a direct breach of the Schengen acquis as well as EU, national and international asylum protection frameworks. Drawing on this case, this chapter shows that there is no legal way under current EU law to adopt a citizenship-based visa and entry ban premised on a retributive logic and punish individuals for acts of the state. This chapter further argues that any amendment of EU law to allow for blanket visa and entry bans would go against core EU values and would violate international human rights law. International human rights law prohibits discrimination without objective justification. A retributive rationale cannot constitute a lawful aim, and categoric visa and entry bans on a single nationality are overbroad and disproportionate. For any measure against any applicant for a Schengen visa to be lawful under EU law and international human rights law, it must strictly be based on individual conduct.