EU Migration and Asylum Policy
I. NEW PACT ON MIGRATION AND ASYLUM
In May 2024, the new Pact on Migration and Asylum was adopted following years of negotiations.
The Pact consists of the following 5 pieces of legislation:
(a) Regulation (2024/1356) on the control of the screening of third country nationals at the external borders,
(b) Regulation (2024/1348) on Asylum Procedures,
(c) Regulation (2024/1351) on Migration and Asylum Management (replacing the current "Dublin III"),
(d) Regulation (2024/1359) on addressing situations of crisis
(e) Regulation (2024/1358) on the Eurodac fingerprinting system.
Three legislative proposals from the 2016 asylum package proposed by the previous European Commission were also adopted: a) a revised Reception Conditions Directive (2024/1346), b) Regulation on Qualification Requirements (2024/1347), c) Regulation (2024/1350) on an EU Resettlement Framework.
A separate piece of legislation on the border return procedure was also adopted (Regulation 2024/1349 on the border return procedure).
The entry into force of the new Pact legislation is expected to begin two years following its publication in the Official Journal of the EU, which took place on 22 May 2024.
The new Pact on Migration and Asylum looks forward to enhanced cooperation with third countries of origin, transit and hosting of migrants and refugees, using all policy instruments and assigning the European Commission a coordinating role. It provides for the activation of a solidarity mechanism in cases of migratory pressure, and, for the first time in an EU institutional text, a definition of the instrumentalization of migration is adopted.
II. EU EXTERNAL BORDER CONTROL
Effective control of external land and sea borders remains a key challenge for the EU.
As reaffirmed at the Special European Council of February 2023, the European Union remains committed to ensuring the effective control of its external land and sea borders. The Council's conclusions included the following specific actions as agreed upon by the leaders of the Member States:
a) full support for the European Border and Coast Guard Agency (Frontex) in delivering its core task of supporting Member States in protecting their external borders, fighting cross-border crime, and stepping up returns
b) initiation of the Entry/Exit System (EES) and the European Travel Information and Authorization System (ETIAS) as soon as possible
c) rapid conclusion of negotiations on new and revised Status Agreements between the European Union and third countries on the deployment of Frontex as part of the efforts to strengthen cooperation on border management and migration
d) funding by European Commission of measures that directly contribute to the control of the EU external borders, such as the border management pilot projects, as well as to the enhancement of the border control in key countries on transit routes to the European Union
e) immediate mobilization by the European Commission of substantial EU funds and means to support Member States in reinforcing border protection capabilities and infrastructure, mobilization of means of surveillance, including aerial surveillance, and equipment and quick finalization of the European Integrated Border Management Strategy
f) Recognition of the specificities of maritime borders, including the safeguarding of human lives, and recognition of the need for reinforced cooperation regarding Search and Rescue activities.
III. External Dimension of European Migration Policy
The New Pact on Migration and Asylum anticipates enhanced cooperation with third countries of origin, transit, and hosting of migrants and refugees, utilizing all policy instruments and assigning a coordinating role to the European Commission.
The European Union aspires to establish mutually beneficial partnerships with selected third countries across all migration routes. These partnerships, through various initiatives in the fields of migration and the economy, aim to tackle the root causes of migration and forced displacement (such as instability, climate change, demographic challenges, etc.), combat human trafficking, effectively manage borders, protect individuals in need of international protection, strengthen local communities, facilitate legal migration, and support returns, readmission, and reintegration efforts, including capacity building.
This was reaffirmed by European Commission President von der Leyen in her "State of the Union" address on September 13, 2023, in Strasbourg, where she once more emphasized the external dimension of European migration policy.
The recent agreement with Tunisia serves as a model the EU wishes to replicate with other third countries. The European Union and Tunisia have agreed to work together towards a comprehensive partnership. The relevant memorandum of cooperation was signed on July 16, 2023, in Tunis during the visit of the President of the European Commission, along with the Prime Ministers of Italy and the Netherlands. This memorandum emphasizes the fight against illegal trafficking and smuggling of people and returns, tackling the root causes of migration (through the development of disadvantaged areas in Tunisia), and promoting legal migration, including talent acquisition for skill development.
Simultaneously, the European Commission has concluded Status Agreements for the deployment of Frontex forces with Moldova, Albania, Serbia, Montenegro and North Macedonia.
IV. RETURNS
The EU has concluded 18 Readmission Agreements with third countries and a number of practical arrangements exist. Forced returns perform poorly throughout Europe.
The European Commission presented on 24 January 2023 a policy document proposing an operational strategy on returns to enhance their effectiveness. It suggests, inter alia, the organisation of joint return operations, the acceleration of procedures, the provision of advice on reintegration, etc. A key principle of the strategy is that returns are a shared responsibility of the European institutions and the member states.
V. INSTRUMENTALIZATION OF MIGRATORY FLOWS AS A HYBRID THREAT
Directing migrants towards the EU's external borders with the aim of destabilizing the EU and its member states constitutes a hybrid threat.
In December 2021, the European Commission tabled a proposal to revise the Schengen Borders Code, which even allows for the closure/restriction of border crossings in case of instrumentalization. The Regulation was adopted on 24 May 2024.
Furthermore, among the legislation of the new Pact on Migration and Asylum is the Regulation on addressing situations of crisis and force majeure in the area of migration and asylum. In this context, the exceptional circumstances justifying the adoption of specific measures are first of all set out, namely: a) the mass arrival of third country nationals or stateless persons on European territory; b) the instrumentalization of migration, i.e. the encouragement or facilitation of flows at the external borders from a third country or hostile non-state actor with the aim of destabilizing the EU or its member states; c) a situation of force majeure (e.g. pandemic, natural disasters).
VI. LEGAL MIGRATION
On 9 February 2022, a Memorandum of Understanding on Migration and Mobility was signed between Greece and Bangladesh. The MoU, ratified by virtue of Law 4959/2022, aims to meet the needs of the Greek labor market for temporary labor based on relative Greek legislation as well as to improve cooperation between the two countries on issues of returns.
On 22 November 2022, an agreement was signed between Greece and Egypt for the employment of seasonal workers in the agricultural sector (5,000 agricultural workers will be invited). The agreement was ratified on 13/1/2023 by the plenary session of Parliament.
It is noted that a bilateral contractual framework for the recruitment of fishermen from Egypt has been in place since 1984.
A Declaration of Intent on Migration and Mobility was signed between Greece and India. A similar Declaration of Intent has also been signed with Pakistan.