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The new EU Migration and Asylum Pact: more border control and reinforced external action

October 18, 2024

Published in

The Conversation

María Teresa Gil Bazo

Professor of International Law and International Relations

He committee European meeting in Brussels these days, the first that discussion migration since the European Parliament elections last June, has addressed strategic issues in this subject , in view of the application from 2026 of the new Pact on Migration and Asylum adopted by the Union between April and May of this year.

The committee reiterates its commitment to development a new comprehensive approach to migration , which it agreed in February 2023 and whose goal is fill in asylum and migration policies within the Member States with “reinforced external action and more effective control of the EU's external borders”.

The letter sent this Tuesday by the President of the Commission, Ursula von der Leyen, to the members of the committee European made clear the priority that the meeting This week I was going to give to discussion on migration in an increasingly complex geopolitical context.

Ten concrete actions

The President of the Commission indicated ten concrete actions , among which are the acceleration of the implementation of the new pact, the development of new agreements with third countries and the fight against hybrid threats at the border and the instrumentalisation of immigration . These issues have been reflected in the conclusions adopted by the committee European.

In addition, Ursula von der Leyen proposed controversial measures , such as the establishment of asylum seeker processing centres outside the Union . This proposal It was already submitted by the United Kingdom in 2003 and rejected due to the numerous legal difficulties it raises, since the exercise of jurisdiction by Member States outside their borders does not exempt them from compliance with their legal obligations, including the protection of fundamental rights.

Why this emphasis on EU external action subject immigration and asylum? The EU is concerned about irregular arrivals of refugees and other displaced persons across its external borders. According to figures from the European Border and Coast Guard Agency ( Frontex ), by September 2024 there had been more than 135,000 irregular arrivals to EU territory via the Mediterranean and Atlantic routes, as well as some 13,000 entries across the EU's eastern land borders.

But the use of third countries to cause instability within the Union is of particular concern. This has been strongly expressed by the committee European Union in its conclusions, supporting Poland 's decision to abolish the application of the asylum system on its border with Belarus (as the Baltic states did before in the face of the same threat).

The new EU Pact on Migration and Asylum contains for the first time legislative measures that allow Member States to derogate from the application of European rules and regulations in situations of crisis and force majeure (including the instrumentalisation of immigration by third States), as well as the introduction of a border return procedure that facilitates expulsions at the border .

Through these instruments, the EU seeks to respond to so-called hybrid threats , especially from Russia and Belarus, as clearly reflected in the conclusions adopted in recent days. To address these threats, the EU has designed a joint framework for cooperation with NATO , reflected in the Warsaw and Brussels Declarations of 2016 and 2018, respectively.

Now there will be a framework specific regulations

In recent years we have witnessed situations of pressure at the Union's external borders and responses by Member States that are now supported by a framework specific regulations. The challenge It is about ensuring national security and, at the same time, the protection of fundamental rights enshrined in the EU Charter and the European agreement on Human Rights.

As reaffirmed by the committee In its conclusions this week, the European Union states that the European Union is founded on the “values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights”. These values are reflected in the principles that inspire its foreign policy: “democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity and respect for the principles of the Charter of the United Nations and international law” ( article 21 of the Treaty on European Union ).

The great challenge of the Union in the coming years will be precisely in the defence of its values and principles against the threats of those who seek to destroy them.