THE "EXTERNALISATION" OF MIGRATION AND ASYLUM. EU POLICY

European Foreign Affairs Review

the European Commission proposed the New Pact on Migration and Asylum (hereinafter: the Pact) with an appended package of new legislative proposals. 1 As pointed out by a number of commentators, the Pact's primary focus is on managing mixed flows and countering irregular arrivals. 2 The current stalemate in the Member States' negotiations on the legislative proposals testifies that the Pact does not offer a satisfactory solution to bridge the divide between Member States on the issue of solidarity and responsibilitysharing in distributing asylum seekers and migrants who cannot be returned. Additionally, if adopted in its proposed form, the nature of the envisaged screening and border procedures, short deadlines and demanding operational, financial and human resource requirements set by the proposals will make it extremely difficult for Member States to put the new rules into practice without violating asylum seekers' rights. 3 Insufficient investment in operational, personnel and financial resources for screening and border procedures could result in the poor implementation of the Pact and in serious violations of

2021

The New Pact on Migration: A Set of Innovative Proposals with an Uncertain Outcome, 2020

The New Pact on Migration and Asylum represents a welcome step in the reform of Europe’s asylum and migration policies. By favouring a reduction in irregular migration headed to the EU, repatriations of irregular migrants, increased refugee resettlements, greater external border protection and more efficient asylum procedures, the Pact represents a step towards a sustainable interpretation of the Refugee Convention by the EU and its members. The Pact also offers new ideas on burden-sharing which may be more acceptable to the EU members than the previous proposals on permanent mandatory relocations of asylum seekers. Although following the publication of the New Pact all the member states have indicated a willingness to negotiate, it is going to require considerable patience and goodwill to reach an agreement that will satisfy national sensitivities while also serving the overall EU interest.

Reforming the Common European Asylum System, 2022

No one would maintain that European asylum policy is in a healthy state and that things should, on the whole, continue as they are. Core aspects of asylum policy resemble a stuttering-if not outright dysfunctional-engine more than a politically sustainable, practically functioning, and normatively balanced approach. The signs of malfunctioning and occasional failure are palpable. Think of the situation at the external borders, regular disputes about secondary movements, and the miserable reception conditions for asylum seekers in some hotspots. That is why the Commission had proposed legislative reform back in 2016, which the institutions failed to agree upon (with the exception of Frontex). The 'new' Pact on Migration and Asylum, proposed by the Commission in September 2020 with much fanfare, was meant to show a way out of the political impasse. Contributions to this edited volume set out to explore the contents and the implications of the Commission's policy proposals in light of developments in the year following their presentation. In doing so, they go beyond the legislative proposals that are at the centre of the political and academic debate. Indeed, the 'Pact on Migration and Asylum' transcends the legislative component-in the same way as the notion of an European 'asylum policy' is generally understood to be broader than the legislative instruments that make up the Common European Asylum System (CEAS). Asylum policy embraces cooperation with third states, the impact of entry and border controls on asylum seekers, return of unsuccessful applicants, and the integration of beneficiaries of international protection. 1

2015

EU external cooperation in migration and asylum has increased considerably in terms of instruments of cooperation with third partner countries and of funds committed. With the current refugee crisis, it is poised to increase even further. This study, commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee, reflects on the imbalances of EU external action as well as on the lack of evidence on the impact and efficiency of EU funding regarding the objectives of the migration policy, which are sometimes conflicting with the development goals. The study brings forward recommendations for rationalization and coordination of action, more balance between the different components of the GAMM, more transparency for a better evaluation and scrutiny, and a reinforced partnership approach with third countries.

EURINT, 2018

European Union's policies on migration and asylum raise double-ditched problems. In the EU, the latter's Court stated that in these areas solidarity is a binding principle: consequently, EU Member States must comply with EU decisions assigning quotas of international protection seekers to each EU State. The paper inspects also agreements between, on one hand, EU Member States (or the EU as such) and, on the other, non-EU countries as origin or transit States of international protection seekers with the view of relocating such individuals to those latter countries. This practice raises doubts if latter countries were deemed non-safe states, e.g. in case they weren't part to 1951 Geneva Convention. These issues are relevant for the development of relations between EU and its member states as well as in the perspective that EU performs its international legal personality in full compliance to international law rules on migration and human rights protection.

20 Year Anniversary of the Tampere Programme. Europeanisation Dynamics of the EU Area of Freedom, Security and Justice, Florence: European University Institute, 2020

2016

Mass migration, as it appears in the 21st century, is one of the greatest challenges of our globalized world. The unanswered questions of European Union (EU) immigration policy that emerged over the past few decades have become more pressing than ever. One of these urgent questions is: how can we provide for a developing European economy in an era of demographic decline in a way that it is based on the opportunities opened up by legally regulated forms of migration. A second question is: how can the EU ensure the safety of the newly arriving people in need and, at the same time, keep away illegal migrants and eliminate criminal activities related to migration. The European Union is destined to spread the principles of peace and unconditional respect for human rights not only within its own borders, but also on a global scale, when engaging in international affairs. In addition to observing human rights, however, the EU must also take into account all security considerations that are...

EPRS | European Parliamentary Research Service, 2021

This 'Horizontal Substitute Impact Assessment of the European Commission's new pact on migration and asylum' was requested by the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE). The impact assessment (IA) focuses on the main proposed changes implied by the European Commission's new pact, with a particular focus on the following four proposed regulations: 1) asylum and migration management regulation (RAMM); 2) crisis and force majeure regulation; 3) amended Asylum Procedure Regulation (APR); and 4) screening regulation. The horizontal substitute IA critically assesses the 'system' and underlying logic of the proposed new pact with the aim of analysing how the four Commission proposals would work and interact in practice. The IA also assesses whether and to what extent the proposed new pact addresses the identified shortcomings and implementational problems of current EU asylum and migration law and policy. Moreover, the IA identifies and assesses the expected impacts on fundamental rights, as well as economic, social and territorial impacts of the proposed new pact. The IA concludes that all of the assessed dimensions will be influenced by the proposed new pact. Although interviewed stakeholders indicate that, in certain cases, the new pact stands to have positive impacts on various aspects of migration and asylum in the EU, the overall consensus is that the new pact, as it is currently presented by the Commission, will have significantly negative consequences for Member States, local communities and migrants. Such potential negative effects have been found in all four dimensions covered by the IA: territorial, economic, social and fundamental rights.