The reform of the European asylum and migration policy aims to streamline procedures at the EU’s external borders. Now it’s the turn of the member states.
The EU Parliament has set its negotiating position for a comprehensive reform of European asylum and migration policy. On Tuesday, the committee responsible for the EU’s interior came out in favor of faster procedures at the EU’s external borders and solidarity between member states in times of crisis.
As the (FAZ) reports, in the future it must be determined at the external borders of the EU based on the country of origin whether an asylum seeker has a chance of recognition or whether falsified documents have been presented. According to the EU Interior Committee, those with forged documents and/or with little chance of asylum should be able to be detained at the EU’s external borders for twelve weeks while their entitlement is determined.
During this period, the claim must also be decided in court. If the asylum application is rejected, these people must be returned within a further three months. According to the negotiating position of the EU Parliament, this regulation does not apply to families with children under twelve and unaccompanied children.
no obligation
Although some Member States insist that this procedure be made mandatory in EU border states, it is up to the states themselves to decide whether to use the border procedure. A sticking point for upcoming negotiations with EU countries.
The second point of agreement is the solidarity mechanism. It is likely that the members of the Interior Committee followed the proposal of the 2020 EU Commission: this procedure foresees several stages of flexible assistance for the border states. Only in a final step can EU states be forced to accept asylum seekers. Countries such as Poland and Hungary strongly reject a mandatory quota.
Trading position as good as fixed
The Interior Committee’s positions on a total of four decrees still need to be confirmed by the full parliament in April – but this is considered certain due to majorities in parliament. Only then will Parliament be able to start negotiations with the Member States.
However, there is still no position among EU states on decisive points. It is therefore questionable whether there will be a deal by the end of June as planned internally. Only then could negotiations with Parliament take place in the second half of the year. The FAZ reports that negotiations must be completed by the end of the year so that the regulations can become law before the European elections in spring 2024.
Greens against prison, FPÖ against distribution
“The regulations approved today would replace the existing Dublin system and ensure fast, legally secure procedures and clear responsibilities. EU states at the external borders must no longer be left alone, solidarity is needed,” said the SPÖ MEP Teresa Bielowski. “It is clear that for us the right of asylum is not up for debate, this includes a commitment to fair and legal procedures, respect for fundamental rights at external borders and maritime rescue.”
The leader of the green delegation Monica Vana stated that it was alarming that the migration pact did not stop “Fortress Europe”. “We also do not support the current trends of widespread and prolonged detention at our external borders, nor the exceptions to existing protection measures and guarantees of fundamental rights.” A fair system with shared responsibility and solidarity, based on human rights, would be needed.
The head of the FPÖ delegation Harold Vilimsky he criticized that it was a mistake to continue distributing arriving migrants. This is not feasible in practice and would only send a signal that the EU is ready to use all capabilities to receive even more migrants, according to Vilimsky. “As long as the EU keeps its external borders open to those who arrive there, nothing can change in the mass immigration that abuses the right of asylum. The right of asylum for the persecuted has long since become a right of entry for everyone into the EU.”
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