New Pact on Migration
On September 23rd, the European Commission announced the creation of a new migration pact. Although the pact, which revises and adds to the EU’s current migration policy, has already secured the backing of the German government, it must pass through European Parliament before being implemented. Experts don’t expect the pact’s regulations to go into effect until 2023 at the earliest, pending approval from the EU’s 27 member states.
Dublin agreement revisions
The proposal makes a number of substantive changes to the current version of the Dublin Regulation, which was last updated in 2013. Among the notable changes, this pact will relax the rule requiring that asylum seekers’ claims be processed in the country where they first entered the EU. If the pact were approved, applications may be processed by the country where a migrant has family ties, where he or she has worked or studied, or the state that issued their visa. Because member states will be given more flexibility to decide their role within the agreement, the EU plans to incentivise more states taking in applicants by granting 10,000 Euros for every asylum-seeker accepted by a country. However, if no other EU member states are willing to admit these migrants, the country of entry will still be tasked with processing their claims.
New Border procedures
The pact introduces new procedures in an attempt to streamline the asylum process for applicants. It puts in place new pre-entry screening measures, which will include more stringent health, identity, and security checks before applications can be reviewed. The pact also looks to revise the application process itself by fast-tracking applicants coming from countries where fewer than 20% of applicants see their asylum applications approved.
Changes like these aim to deliver asylum decisions within 12 weeks, after which failed applicants will be swiftly returned to their countries of origin.
New asylum Application Procedures
The plan stipulates that migrants rescued at sea should be received in the European Union and not immediately pushed back to their country of origin. The Commission also recommends that member states not prosecute NGOs carrying out rescue missions in the Mediterranean.
In order to streamline the return of migrants to their countries of origin, the Commission plans on appointing a coordinator for repatriations and "intensify[ing] negotiations" with relevant non-EU states. Although the EU currently has 24 readmission agreements with third-party countries, the return process is still complicated in many cases.
A crisis mechanism
This reform outlines a planned response in case of intense "migratory pressure" on specific countries within the EU. If a country believes that it will no longer be able to care for the needs of the asylum-seekers within its borders, it can request that a “solidarity mechanism" be activated, after which the European Commission would consider the request. The European executive then assesses the number of migrants whose needs need to be met. All states are called upon to contribute according to their economic weight and population. However, countries will have the choice between receiving asylum seekers or "sponsoring" returns by financing the repatriation (within eight months) of migrants whose applications had been denied. Brussels could theoretically impose sanctions on reluctant countries.
NGOs Responses
Others fear that the fast border procedure jeopardises a fair asylum application. New arrivals—often traumatised from the journey to the Greek islands—will only have five days to collect all evidence they need to support their initial screening at the border. They would then enter an asylum procedure or be deported, both within 12 weeks. Much would depend on the initial screening, but five days is very short to fairly investigate a case. All reception centres would need much more personnel.
The pact turns the term ‘solidarity’ on its head, focussing on a collective effort to deport and keep people out, with member states ‘sponsoring’ one another in the deportation process. Pre-entry border procedures and ‘joint returns’ are at the heart of the new strategy, rather than a humane and legal approach to migration. At the expense of human rights, the New Pact undermines the idea of solidarity.
By default, receiving countries, such as Spain, Italy, Malta and Greece, retain responsibility for new arrivals. According to the New Pact, as well as in the existing EU Turkey Statement, people will be contained in camps at the European Union’s borders and islands. For those seeking asylum, little changes will be made. Migrants could be held in detention throughout, and these people would enter a legal limbo on arrival because they wouldn’t be deemed to have entered EU territory.
Voluntary returns remain a problematic issue. Currently, the numbers of those actually sent back to their home countries fall far short of the numbers of those which are refused asylum. In 2019, close to 500,000 people were ordered to leave the EU but only 29% were returned to their country of origin. Many new arrivals have lost, sold or thrown away their passport, making it difficult to determine where to send people back to. Some countries could be reluctant or unable to take back their citizens, trapping thousands of people in a very uncertain situation.
Instead, more legal pathways into the EU are needed, especially for low-skilled workers and those seeking international protection. Those who decide to apply for asylum need to have access to a fair procedure with legal support, and housed in adequate conditions. Relocation across member states is required to fairly spread the administrative burden.
Sources
VRT News: reply from Samos on New Pact on Migration [Dutch]
Info Migrants: Mixed reactions to new EU migration pact [English]
Human Rights Watch: The Pact on Migration and Asylum [English]
BBC News: Europe Migration: EU plans mandatory pact to ‘rebuild trust’ [English]
European Commission: New Pact on Migration and Asylum [English]