The Malta Business Weekly

A fresh start on migration

Building confidence and striking a new balance between responsibi­lity and solidarity

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Yesterday, the European Commission proposed a new Pact on Migration and Asylum, covering all of the different elements needed for a comprehens­ive European approach to migration. It sets out improved and faster procedures throughout the asylum and migration system. And it sets in balance the principles of fair sharing of responsibi­lity and solidarity. This is crucial for rebuilding trust between member states and confidence in the capacity of the European Union to manage migration.

Migration is a complex issue, with many facets that need to be weighed together. The safety of people who seek internatio­nal protection or a better life, the concerns of countries at the EU’s external borders, which worry that migratory pressures will exceed their capacities and which need solidarity from others, or the concerns of other EU member states, which are worried that, if procedures are not respected at the external borders, their own national systems for asylum, integratio­n or return will not be able to cope in the event of large flows.

The current system no longer works. And for the past five years, the EU has not been able to fix it. The EU must overcome the current stalemate and rise up to the task. With the new Pact on Migration and Asylum, the Commission proposes common European solutions to a European challenge. The EU must move away from ad-hoc solutions and put in place a predictabl­e and reliable migration management system.

Following extensive consultati­ons and an honest and holistic assessment of the situation, the Commission proposes to improve the overall system. This includes looking at ways of improving cooperatio­n with the countries of origin and transit, ensuring effective procedures, successful integratio­n of refugees and return of those with no right to stay. No single solution on migration can satisfy all sides, on all aspects – but by working together, the EU can find a common solution.

European Commission President Ursula von der Leyen said: “We are proposing today a European solution, to rebuild trust between member states and to restore citizens’ confidence in our capacity to manage migration as a Union. The EU has already proven in other areas that it can take extraordin­ary steps to reconcile diverging perspectiv­es. We have created a complex internal market, a common currency and an unpreceden­ted recovery plan to rebuild our economies. It is now time to rise to the challenge to manage migration jointly, with the right balance between solidarity and responsibi­lity.”

Vice-President for Promoting our

European Way of Life, Margaritis Schinas, said: “Moria is a stark reminder that the clock has run out on how long we can live in a house half-built. The time has come to rally around a common, European migration policy. The Pact provides the missing pieces of the puzzle for a comprehens­ive approach to migration. No one member state experience­s migration in the same way and the different and unique challenges faced by all deserve to be recognised, acknowledg­ed and addressed.”

Commission­er for Home Affairs, Ylva Johansson, said: “Migration has always been and always will be part of our societies. What we are proposing today will build a longterm migration policy that can translate European values into practical management. This set of proposals will mean clear, fair and faster border procedures, so that people do not have to wait in limbo. It means enhanced cooperatio­n with third countries for fast returns, more legal pathways and strong actions to fight human smugglers. Fundamenta­lly it protects the right to seek asylum.”

Stronger trust fostered by better and more effective procedures

The first pillar of the Commission’s approach to building confidence consists of more efficient and faster procedures. In particular, the Commission is proposing to introduce an integrated border procedure, which for the first time includes a pre-entry screening covering identifica­tion of all people crossing the EU’s external borders without permission or having been disembarke­d after a search and rescue operation.

This will also entail a health and a security check, fingerprin­ting and registrati­on in the Eurodac database. After the screening, individual­s can be channeled to the right procedure, be it at the border for certain categories of applicants or in a normal asylum procedure. As part of this border procedure, swift decisions on asylum or return will be made, providing quick certainty for people whose cases can be examined rapidly.

At the same time, all other procedures will be improved and subject to stronger monitoring and operationa­l support from EU agencies. The EU’s digital infrastruc­ture for migration management will be modernised to mirror and support these procedures.

Fair sharing of responsibi­lity and solidarity

The second pillar at the core of the Pact is fair sharing of responsibi­lity and solidarity. Member states will be bound to act responsibl­y and in solidarity with one another. Each member state, without any exception, must contribute in solidarity in times of stress, to help stabilize the overall system, support member states under pressure and ensure that the Union fulfils its humanitari­an obligation­s.

In respect of the different situations of member states and of fluctuatin­g migratory pressures, the Commission proposes a system of flexible contributi­ons from the member states. These can range from relocation of asylum seekers from the country of first entry to taking over responsibi­lity for returning individual­s with no right to stay or various forms of operationa­l support.

While the new system is based on cooperatio­n and flexible forms of support starting off on a voluntary basis, more stringent contributi­ons will be required at times of pressure on individual member states, based on a safety net.

The solidarity mechanism will cover various situations – including disembarka­tion of persons following search and rescue operations, pressure, crisis situations or other specific circumstan­ces.

A change of paradigm in cooperatio­n with non-EU countries

The EU will seek to promote tailor-made and mutually beneficial partnershi­ps with third countries. These will help address shared challenges such as migrant smuggling, will help develop legal pathways and will tackle the effective implementa­tion of readmissio­n agreements and arrangemen­ts. The EU and its member states will act in unity using a wide range of tools to support cooperatio­n with third countries on readmissio­n.

A comprehens­ive approach

Today’s package will also seek to boost a common EU system for returns, to make EU migration rules more credible. This will include a more effective legal framework, a stronger role of the European Border and Coast Guard and a newly appointed EU Return coordinato­r with a network of national representa­tives to ensure consistenc­y across the EU.

It will also propose a common governance for migration with better strategic planning to ensure that EU and national policies are aligned, and enhanced monitoring of migration management on the ground to enhance mutual trust.

The management of external borders will be improved. The European Border and Coast Guard standing corps, scheduled for deployment from 1 January 2021, will provide increased support wherever needed.

A credible legal migration and integratio­n policy will benefit European societies and economies. The Commission will launch Talent Partnershi­ps with key non-EU countries that will match labour and skills’ needs in the EU. The Pact will strengthen resettleme­nt and promote other complement­ary pathways, seeking to develop a European model of community or private sponsorshi­p. The Commission will also adopt a new comprehens­ive Action Plan on integratio­n and inclusion for 2021-2024.

Next steps

It is now for the European Parliament and Council to examine and adopt the full set of legislatio­n necessary to make a truly common EU asylum and migration policy a reality. Given the urgency of local situations in several member states, the co-legislator­s are invited to reach a political agreement on the core principles of the Asylum and Migration Management Regulation and to adopt the Regulation on the EU Asylum Agency as well as the Regulation on Eurodac by the end of the year. The revised Reception Conditions Directive, Qualificat­ion Regulation and recast Return Directive should also be adopted quickly, building on the progress already made since 2016.

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