Since the 2015 migration crisis, the European Union has had an unfinished agreement on migration and asylum. German Chancellor Angela Merkel then believed that Europe could work together to cope with the enormous challenge. Merkel invented it”Vir Schaffen is“(We will get) and Germany has accepted most of the refugees, mainly from Syria and Afghanistan. However, the European Union has not reached a common position. With an eye on the European elections in June 2024, European Parliament negotiators This is a historic milestone for European institutions, but NGOs and left-wing parties believe it threatens the individual right to asylum in Europe.

The agreement still needs to be ratified by the European Parliament and the European Council. This step is planned to be taken during the Belgian presidency at the beginning of 2024, but the decisive impetus was given during the Spanish presidency.

The border control agency Frontex said this month that the level of illegal arrivals into the EU this year is already the highest since 2015. In 2022, the number of asylum requests in Europe will be exceeded. The outbreak of the migration crisis with the rise of national populist parties in various EU countries has made it easier for center-right, center-left and liberal parties to coerce the machine, although the result is a minimal agreement that tightens immigration conditions. .

What is the pact?

This is a package of five rules aimed at regulating the arrival of migrants while tightening existing legislation. The rules cover the monitoring and processing of migrant data, border controls, judicial protection, crisis management and the care of asylum seekers. According to Margaritis Schinas, Commissioner for the Protection of the European Way of Life, the pact is like a three-story house: the first is the external dimension, the control of arrivals and returns; secondly, border procedures and thirdly, the responsibility of member states.

Particularly affected were frontline countries such as Spain, Greece or Italy, which demanded that the distribution of migrants and asylum seekers be mandatory. In practice this will not happen, although exceptional solidarity mechanisms are put in place in cases of extreme influx. And, as stressed by MEP Juan Fernando López Aguilar, president of the European Parliamentary Committee on Civil Liberties, Justice and Home Affairs, regions such as the Canary Islands can appeal the European intervention.

Why is the pact important?

The most important thing is that there is an agreement, and not the agreement itself, which the negotiators themselves admit is far from perfect. “If we had not reached this agreement, it would have been a very heavy blow to the European cause,” López Aguilar admitted. “European rules force member states to comply with them. Migration policies, which were in the hands of states, are becoming Europeanized, as are border controls,” says Blanca Garcés-Mascarenhas, senior researcher on migration at Cidobe.

What does the agreement involve?

Twenty-seven creates a mechanism of “mandatory solidarity for EU countries identified as subject to migration pressure”, but other member states can “choose between resettling asylum seekers on their territory or making financial contributions (€20,000 for each refusal). “They can also cooperate in other ways or combine hosting and payment. In this way they overcome the objections of, for example, Hungary, but the distribution of responsibility between member states was a red line, and now it has been replaced by solidarity. literally.

The commitment is to resettle at least 30,000 asylum seekers, refugees or internationally protected persons to other countries. Does not include economic migrants.

Another key element of the agreement is that “people who do not meet the conditions for entry into the EU will be subject to a pre-entry control procedure that will include identification, biometric data collection, and health and safety checks for a maximum period of time.” seven days.” That is, this procedure, common to the entire EU, will be faster. And the processing of asylum applications will be six months for the first decision and shorter periods for those with fewer options. It will be more difficult to obtain asylum.

Thus, detention centers will be created at the border. On the one hand, countries or regions bordering the European Union will not deal with arrivals alone, but migrants will be confined to these spaces until their destination is determined. Now, for example, there are movements from the Canary Islands to other parts of Spain.

What role do third countries play?

According to Blanca Garces-Mascarenhas, this is one of the weak points of the pact. “This general migration policy depends on third countries, which become a key element in reducing arrivals. Europe puts itself in the hands of these third countries, which usually use migration to achieve economic interests (Tunisia) or political interests (Morocco and the Sahara). “, says the researcher. The return of those rejected will depend on these third countries, and they, as a rule, do not cooperate, which is why there are so many decisions that are not ultimately implemented. Moreover, in many of these countries there are unacceptable standards of respect for human rights. ” The pact addresses issues that are not in the hands of Europe,” emphasizes Garcés-Mascarenhas.

Who criticizes the agreement?

Greens and leftists in the European Parliament were critical, while socialists, populace and liberals praised what had been achieved. The Greens said the pact was “unsustainable and perpetuates practices that undermine human rights.” Belgian MEP Philippe Lambert, co-chair of the Green group, said it consolidates “outdated ideas on how to solve the problem of migration and does not take into account the reality of the EU’s borders, both on land and at sea.”

What do migration-related NGOs say?

Your diagnosis is terrible. Eva Geddie, director of Amnesty International’s European institutions office, argues that “this will almost certainly lead to more people being effectively detained at EU borders.” In addition, he claims that “safeguards for those seeking asylum in the EU will be reduced.” According to this Amnesty official, “Instead of prioritizing solidarity through resettlement and strengthening protection systems, states will be able to pay to strengthen external borders or fund countries outside the EU to prevent people from reaching Europe.”

Estrella Galan, director general of the Spanish Commission for Refugees, said in a statement that the text “imposes even more obstacles to access the international protection procedure.” He criticizes the “legal fiction of non-entry” that is contrary to international law, as well as the way borders are consolidated as “spaces without law.” CEAR regrets that the establishment of legal and safe routes has not been provided for and instead focuses on preventing people from arriving and, if necessary, establishing rules to allow them to be expelled as quickly as possible.