Migration and asylum policy of the European Union
The migration and asylum policy of the European Union is within the
History and overview
The European Union gained authority to legislate in the area of migration and asylum with the entry into force of the
Following the presentation of the Policy Plan on Asylum by the
Between May and July 2016, the European Commission proposed legislation for a third phase of the Common European Asylum System. This came in the wake of the 2015 European migrant crisis. In September 2020, these reforms were made part of newly proposed Pact on Migration and Asylum. As of September 2023, the legislative instruments were in various stages of adoption.[1]
The Dublin III Regulation is to be replaced by an Asylum and Migration Management Regulation (AMMR), as part of the third phase of the Common European Asylum System. The Justice and Home Affairs Council reached agreement on a negotiating position towards the European Parliament on 8 June 2023, with implementation in 2024.
Key to the Asylum and Migration Management Regulation is the institution of a new solidarity mechanism between the member states. Solidarity can take the form of relocation of migrants, financial contributions, deployment of personnel or measures focusing on capacity building. Solidarity will be mandatory for member states, but the form of solidarity is at the discretion of the member states themselves. Per relocation, member states can instead make a financial contribution of €20.000.
Guiding principles
Migration policy of the European Union has its roots in the
The EU complies with the
In order to regulate and control the high number of
In 2020, the European Commission, at the request of the European Parliament, proposed a series of reforms to the existing system through a comprehensive approach anchored on three mainstays: 1) Efficient asylum and return procedures, 2) Solidarity and fair share of responsibility, and 3) Strengthened partnerships with third countries.
Legal framework
Common European Asylum System
Since 1999, refugees entering Europe have been subject to the laws in place in accordance with the Common European Asylum System (CEAS). These laws were established to prohibit European Union Member States from sending individuals back to where they came from at risk of persecution, and to offer international protection to those who were granted refugee status through the course of the law. The latter, however, is still left up to EU Member States the discretion to establish procedures for obtaining and withdrawing international protection.[10]
Asylum Procedures Directive
The Asylum Procedures Directive (APD) establishes a common international protection procedure.[11]
The original Asylum Procedures Directive was adopted on 1 December 2005. A recast version of the directive was adopted on 26 June 2013, as part of the second phase of CEAS.
As part of the third phase of CEAS, the Asylum Procedures Directive is to be replaced by a Asylum Procedure Regulation (APR). The Justice and Home Affairs Council reached agreement on a negotiating position towards the European Parliament on 8 June 2023.[12]
Key to the Asylum Procedure Regulation that is currently being negotiated with the European Parliament is the institution of a new border procedure. The border procedure can be applied when an individual applies for asylum at an external border crossing point, is apprehended in connection with an illegal border crossing, or is rescued as part of a search and rescue operation. Those subjected to the border procedure are treated as if they have not yet entered the territory of the member state.[13] The new border procedure will be mandatory for applicants who are a danger to national security or public order, who have misled the authorities, or who have a nationality with a recognition rate below 20%.[12]
Reception Conditions Directive
The Receptions Conditions Directive (RCD) ensures equal standards of reception conditions throughout the EU.[14]
The original Reception Conditions Directive was adopted on 27 January 2003. A recast version of the directive was adopted on 26 June 2013, as part of the second phase of CEAS.
As part of the third phase of CEAS, the Reception Condition Directive is to be recast again.[15] The Justice and Home Affairs Council reached agreement on a negotiating position towards the European Parliament on the recast directive on 20 December 2022.
Qualification Directive
The Qualification Directive, which refers to who qualifies for the different statuses.[16]
The original Qualification Directive was adopted on 29 April 2004. A recast directive was adopted on 13 December 2011 as part of the second phase of CEAS.
As part of the third phase of CEAS, the Qualification Directive is to be replaced by a Qualification Regulation.[17] The Justice and Home Affairs Council reached agreement on a negotiating position towards the European Parliament on 20 December 2022.
Dublin Regulation
The Dublin Regulation determines which member state is responsible for handling an asylum application.[18]
The original Dublin Regulation was adopted on 27 January 2003, as part of the first phase of CEAS. As it replaced the Dublin Convention of 1990, which was agreed outside of the structures of the European Union, this regulation was actually referred to as the Dublin II Regulation.
As part of the second phase of CEAS, the Dublin III Regulation was adopted on 26 June 2013.
As part of the third phase of CEAS, the Dublin III Regulation is to be replaced by the Asylum and Migration Management Regulation (AMMR). The Justice and Home Affairs Council reached agreement on a negotiating position towards the European Parliament on 8 June 2023.[12]
Key to the Asylum and Migration Management Regulation is the institution of a new solidarity mechanism between the member states. Solidarity can take the form of relocation of migrants, financial contributions, deployment of personnel or measures focusing on capacity building. Solidarity will be mandatory for member states, but the form of solidarity is at the discretion of the member states themselves. Per relocation, member states can instead make a financial contribution of €20.000.[12]
Eurodac Regulation
The Eurodac Regulation establishes a database in which fingerprints can be collected, transmitted, and compared. It is central to the operation of the Dublin Regulation, which determines which member state is responsible for the handling of an asylum application.
Eurodac was established under EU law by Council Regulation 2725/2000 of 11 December 2000.[19] As part of the second phase of CEAS, a recast Eurodac Regulation was adopted on 16 June 2013.[20]
As part of the third phase of CEAS, another recast of the Eurodac Regulation was proposed by the European Commission on 4 May 2016.[21]
Temporary Protection Directive
In 2001, during the first phase of CEAS, a Temporary Protection Directive, was also adopted. In the event of a mass influx of displaced persons from non-EU countries, this directive gives the European Union authority to provide immediate and temporary protection. This temporary protection is separate from the regular asylum offered by CEAS.
Proposed legislation
Union Resettlement Framework Regulation
Following an unprecedented migrant influx, EASO in 2015 proposed a relocation programme that was agreed upon to support the ‘frontline’ Member States of Italy and Greece, who were under pressure.[22]
"After a proposal made by the Commission in May 2015, the Council adopted two decisions – (EU) 2015/1523 and (EU) 2015/1601 respectively – establishing a temporary relocation mechanism for 160 000 applicants in need of international protection from Greece and Italy, to be implemented over two years until September 2017."[22]
A permanent Union Resettlement Framework Regulation is being negotiated. The Justice and Home Affairs Council reached agreement on a negotiating position towards the European Parliament on 20 December 2022.
Crisis and Force Majeure Regulation
The Commission proposed a Crisis and Force Majeure Regulation on 23 September 2020.[23] The Justice and Home Affairs Council of 28 September 2023 failed to reach agreement on a negotiating position towards the European Parliament. However, the Spanish presidency expressed confidence that a negotiating mandate could be reached shortly.[24]
Agencies and funds
European Union Agency for Asylum
The reforms implemented in the aftermath of the 2015 European migrant crisis culminated in the creation of the European Union Agency for Asylum[25] on 19 January 2022, which will promote greater convergence of the different member states asylum and reception practices and ensure that high EU-standards are the guide. The agency effectively replaced the European Asylum Support Office (EASO), which had been investigated by the European Anti-Fraud Office (OLAF) due to alleged misconduct and breaches of data protection amongst other charges.[26]
European Border and Coast Guard Agency
The European Union's
The agency may purchase its own flagged vehicles. The Member States where this equipment is registered (bigger equipment such as patrol vessels, air crafts, etc.) are obliged to put it at the Agency's disposal whenever needed. This enables the Agency to rapidly deploy the necessary technical equipment in border operations. A rapid reserve pool of border guards and a technical equipment pool is at the disposal of the agency, intending to remove the shortages of staff and equipment for the Agency's operations.[
Frontex regularly releases reports analyzing events related to border control, irregular border crossing and different forms of cross-border crime. The general task of assessing these risks has been laid out in Frontex founding regulation, according to which the agency shall "carry out risk analyses [...] in order to provide the Community and the Member States with adequate information to allow for appropriate measures to be taken or to tackle identified threats and risks with a view to improving the integrated management of external borders".[27] Frontex's key institution with respect to intelligence and risk assessment is its Risk Analysis Unit (RAU) and the Frontex Risk Analysis Network (FRAN), via which the Frontex staff is cooperating with security experts from the Member States.[citation needed]
Asylum, Migration and Integration Fund
The Asylum, Migration and Integration Fund is a funding programme managed by the Directorate-General for Migration and Home Affairs of the European Commission, which promotes the efficient management of migration flows and the implementation, strengthening and development of a common approach to asylum and immigration in the European Union.[28]
According to the text of the international instrument, the objectives of the Asylum, Migration and Integration Fund are listed in Article 3. These are:
- To strengthen and develop the establishment of the Common European Asylum System(CEAS).
- To promote the integration of third country nationals and to finance the relocation of unaccepted non-members.
- Fair returns in order to stop illegal immigration.
- Increase solidarity between member countries with a proportional distribution to their exposure at migration flows.[29]
In addition to providing funding for projects, the programme funds the activities and future development of the European Migration Network.
Efficacy
Based on the data published by UNHCR, as a result of hostilities in
Socio-political issues
As a result of the crisis, fears have been increasing among the EU population, including the fear of
As an obvious consequence, some politicians attempt to capitalize on these fears, or even reinforce them, by voicing opposition against reception of migrants, under the justification that the public security and protection of the state and its citizens against
Fortress Europe
Therefore, the EU's actions gradually shifted during the crisis towards surveillance and securitization, and the first step in this direction was terminating the Operation Mare Nostrum in 2014 and supplanting it with the Operation Triton.[34] By 2016, EU was already externalizing its border control through a 3 billion deal with Turkey. In 2017, the EU migration policy was tightened. At the summit held in Brussels on October 19, 2017, it was indicated that the approach of the EU Member States and institutions to ensure full control over the borders should be consolidated.[35] Since 2017, the humanitarian NGO's carrying out search and rescue (SAR) operations have become the object of a criminalization campaign on the part of EU member states, leading to the arrest of some ship captains, as well as to the seizure of most of their vessels, provoking international criticism and accusations towards the EU for dereliction of duty regarding SAR operations. As a consequence, the EU has been blamed for numerous deaths at sea by preventing humanitarian NGOs search and rescue efforts, thus allegedly contradicting its declarations of good will towards refugees and migrants.[36] Despite all the difficulties imposed on them, humanitarian NGOs continue to carry out SAR operations in the Mediterranean.
Another visible sign of the tightening of EU migration policy was the construction of numerous border barriers located primarily on the external borders of the Schengen Area.
Moreover, the conclusions of the European Council have indicated its readiness to respond and suppress any attempts to illegally cross the borders of EU Member States, e.g. through expulsion of asylum applicants into neighbouring countries such as
Human rights have increasingly collided recently with security measures, while the EU has struggled to reconcile both. The position of national states in relation to migrants who violate public order and impose their own way of life has been becoming tougher, resulting in an inevitable side effect for all migrants having their rights restricted in general. Moreover, pessimistic forecasts have sometimes been voiced that the applicability of these restrictions, currently limited to migrants, could be only a prelude to possible wider extension aiming to make the indigenous EU population also subjected to them in the future.
Use of migrants as weapons in hybrid warfare
Following the severe deterioration in
Poland, Lithuania, and Latvia have described the crisis as
Similar actions, though on a smaller scale, were organised by Turkey against Greece during the 2020 Greek–Turkish border crisis, as well as by Morocco against Spain during the 2021 Morocco–Spain border incident.
Externalization of the asylum procedures
The externalization of asylum procedures is a type of migration policy pursued by the countries of the European Union, it consists of relocating the reception and accommodation of asylum seekers and the processing of their asylum applications, in places near the borders of the EU or in countries outside the EU, from which asylum seekers originate or through which they pass. After an attempted relocation of asylum procedures in centres on the boundaries of the EU, in 2003 these policies have resulted in a proliferation of exile camps in and around the European Union, a pressure on neighbouring countries to develop systems that consider applications for asylum in their territories, and a radicalisation of antimigratory policies in neighbouring countries and within the border of the European Union.[50]
Asylum shopping
In the jargon of European institutions, asylum shopping is the practice of refugees wanting to choose a country other than that prescribed by the regulations to apply for political asylum, to choose the one which will offer the best reception conditions, or to lodge an application in another country after being dismissed. This expression is used to treat certain asylum seekers in analogy with consumers of welfare provisions[51][52]). Such definition appears in official documents, newspaper articles, analysis, etc. The main factor in refugees' choice for their host country is the differences in laws of different Member States; some states give refugee status to the majority of applicants, while others give it to fewer than 1%. In 2017 Maria Teresa Rivera became the first woman in the world granted asylum because of being wrongly jailed for disregarding a ban on abortion; she disregarded the ban in El Salvador and was given asylum in Sweden.[53]
Asylum shopping is practised by 12% of asylum seekers, according to former European Commissioner for Justice Franco Frattini.[54] The Dublin Regulation has significantly reduced extent of this phenomenon. According to the Regulation, migrants are not able to choose the state from which they decided to apply for asylum. The regulation allows to apply for refugee status only from the country in which migrants enter first.[55] At the same time, if there is a desire to change the country, migrants will have to return to their original point of arrival.
Disparities between Member States
Number of asylum applications in 2023[56]
Country | Total number | Per million inhabitants[57] |
---|---|---|
Austria | 58,686 | 6,446 |
Belgium | 35,248 | 2,999 |
Bulgaria | 22,519 | 3,493 |
Croatia | 1,747 | 454 |
Cyprus | 11,731 | 12,741 |
Czechia | 1,397 | 129 |
Denmark | 2,427 | 409 |
Estonia | 3,981 | 2,915 |
Finland | 5,372 | 965 |
France | 167,002 | 2,453 |
Germany | 334,109 | 3,961 |
Greece | 64,084 | 6,165 |
Hungary | 31 | 8 |
Ireland | 13,278 | 2,556 |
Italy | 136,138 | 2,313 |
Latvia | 1,701 | 903 |
Lithuania | 575 | 201 |
Luxembourg | 2,504 | 3,789 |
Malta | 729 | 1,345 |
Netherlands | 39,550 | 2,221 |
Norway | 5,497 | 1,001 |
Poland | 9,519 | 259 |
Portugal | 1,998 | 191 |
Romania | 10,132 | 532 |
Slovakia | 416 | 77 |
Slovenia | 7,261 | 3,430 |
Spain | 162,439 | 3,380 |
Sweden | 12,309 | 1,170 |
Switzerland | 30,238 | 3,431 |
Neither the readmission system under the Dublin Regulation nor the temporary relocation mechanism for refugees according to quotas proved its worth in all countries of the European Union.
The effect of the
In the autumn of 2015, the Czech Republic, together with
According to statistics for 2017, Malta and Luxembourg accepted the maximum number of migrants among all EU countries with an average of 41-46 immigrants per 1000 population.[63] Meanwhile, the Czech Republic, Croatia, Bulgaria and Slovakia accepted less than 5 migrants per 1000 of population.