Filenews 20 November 2020
A series of complaints before the Commissioner for Administration and Human Rights Protection regarding issues arising for unmarried couples who need to apply for a special permit to enter Cyprus via the Cyprus Flight Pass.
For her part, the Commissioner, in a recommendations report, notes that the right of EU citizens and their family members to move and reside freely in the European Union is undeniably guaranteed, making recommendations to the relevant government departments.
According to the information contained in the report with the Commissioner's recommendations, the complaints relate to exemptions given to citizens through the Cyprus Flight Pass platform in order to be able to fly to Cyprus.
The complaints examined by the Commissioner's Office were submitted by persons who either have a long-term relationship with Cypriots or persons residing permanently in the Republic, whose requests are rejected because they do not meet the criteria for a special authorisation to enter the country. Please note that the platform requests personal information, communication, place of residence in Cyprus as well as contact details in case of emergency.
The report makes it clear that the right of EU citizens and their family members to move and reside freely in the European Union is undeniably guaranteed.
Although it is common ground that the authorisation to enter and leave the country falls within the exclusive competence of the host State, as does the residence of persons who are not included in the definition of a family member and therefore do not enjoy an automatic right of entry and residence in the host Member State under the Directive referred to, however, without prejudice to Article 3, Member States may, on the one hand, take into account the humanitarian nature of the matter. , in relation to a long period of time when the couples concerned outside marriage or non-legally recognised cohabitation have to be seen and, on the other hand, of the presentation by them of the necessary certificates proving their long-term relationship, consider within their discretion the possibility of extending the categories of beneficiaries of a special entry permit to those couples.
Elsewhere in the report, European Commission President Ursula Von Der Leyen's statement was invoked, in which she welcomed the lifting of restrictions on trafficking that prevented the reunification of unmarried couples, saying characteristically "in these difficult times it is so important to be with loved ones. I'm very happy for all the supporters of #LoveIsNotTourism».
It is worth noting that the report points out that the general exclusion of persons without an assessment of each case, in order to justify the adoption or rejection of the request for the reunification of persons who maintain a stable relationship outside marriage, on the basis of the reservation laid down in the Directive on freedom of movement, in order to facilitate any reunification of persons, does not find any basis in the principle of proportionality, which provides that the measure taken should be proportionate to the objective.
In the present case, as stated in the report, the State did not take into account the reservation of No.3 of that directive in the exercise of discretion in order to examine separately the requests for the reunification of partners in a stable relationship on specific criteria and evidence as mentioned above, in accordance with national law.
The Commissioner's recommendation
For her part, the Commissioner recommends that the Ministries of Health and the Interior, on the basis of their responsibilities and discretion, consider whether the Infectious Diseases Act (Determination of Measures to Prevent the Spread of COVID-19) Decree (No. 30) 2020, in order to include the category of partner with whom the citizen of the Republic, European citizen or permanent resident in the Republic has a stable long-term relationship, duly proven, in proportion to the criteria set out as examples of possible evidence by the Commission in its Communication.
