Toom states that Estonia, Latvia, Lithuania, and Poland are violating the Schengen border regulation. Toom asked Josep Borrell, the Vice President of the European Commission, when the committee will send a notice to Estonia, which is the first step in the infringement procedure.
Estonia, Latvia, Lithuania, and Poland coordinately establish an entry restriction for Russian citizens with a Schengen tourist visa. In Estonia, the ban will come into effect on September 19.
The Schengen Borders Code is a regulation of the European Parliament and the Council that deals with Union rules governing the movement of persons across the border. The 2016 revision is currently valid.
According to Toom, the Schengen border regulations explicitly define the reasons that can be used to justify restricting the entry of a person with a Schengen visa. She also adds that the state has to handle each case individually. The member state does not have the power to introduce additional measures. Toom wrote to the European Commission that the initiative of the four countries creates a dangerous precedent if one of the most fundamental pieces of legislation of the European Union is violated.
"As a member of the European Union, Estonia is obliged to adhere to European law in the same way as Belgium, Poland, or Hungary. So I eagerly await the Commission's response. If the rule "you can't, but if you want, you can" starts to apply in Europe, what principles of the rule of law can we even talk about," wrote Toom.