NEW EUROPEAN APPROACH ON PASSENGERS’ DIGITAL SURVEILLANCE THROUGH ELECTRONIC PLATFORM (ETIAS) – PASSENGERS’ AND CARRIERS’ PERSPECTIVE

Abstract

On the basis of basic European legal concepts on collecting air passengers’ data, as an important mechanism in fight against terrorism and illegal immigration, the authors point to the European legal provisions of Regulation (EU) 2018/1240 on the newly established IT authorisation system, the application of which guarantees more comprehensive security checks of visa-free third-country nationals (non-EU citizens) when they, as passengers, want to travel to EU. The aim of this work is to present, analyse and review the legal issue of new European rules which prescribe digital surveillance of passengers through electronic system – “European Travel Information and Authorisation System” (ETIAS) even before they arrive at the external border of the Schengen area. When ETIAS becomes operational (expected in November 2023), screening requirements for passengers will mean that some category of passengers will need valid travel authorisation to travel to the Schengen area. Authors point out the significance of prescreening control of passengers’ data with special emphasis on passengers’ obligation to apply for travel authorisation (through ETIAS) prior to travelling to the Schengen area and carriers’ (air carriers, sea carriers and international carriers transporting groups overland by coach) obligation to use ETIAS to verify passengers’ possession of a valid travel authorisation and their liability in case they were transporting third-country nationals (who are exempt from the visa requirement) without valid travel authorisation. Carrying out a theoretical elaboration of the problem in question, in the conclusion the authors clearly indicate the shortcomings of normative legal norms - open legal issues that have not been resolved, such as, for example, the general and insufficiently clear legal regulation of the terms security risk, illegal immigration risk or high epidemic risk in the provisions of the Regulation (EU) 2018/1240 especially considering that these risks represent reasons for profiling of passengers (visa-free third-country nationals) from 60 countries. The authors consider it necessary and justified to adopt a series of delegated acts that will systematically and comprehensively regulate all aspects of the legal and technical issues of the establishment and application of ETIAS.