Thursday

7th Dec 2023

Opinion

New deregulation will see EU states cherry-picking asylum law

Listen to article

The Czech presidency of the Council of the European Union is currently pushing fast for the adoption, before the end of 2022, of the so-called Instrumentalisation Regulation.

This legislative proposal initially dates from December 2021 and stems directly from a previous EU Commission proposal aiming at introducing a series of emergency measures to address the migratory situation at the eastern borders of the EU, between Latvia, Lithuania, Poland and Belarus.

Read and decide

Join EUobserver today

Become an expert on Europe

Get instant access to all articles — and 20 years of archives. 14-day free trial.

... or subscribe as a group

As detailed in a joint statement led by the European Council on Refugees and Exiles (ECRE) and signed by 80 civil society organisations including EuroMed Rights, the regulation would allow member states to derogate from their responsibilities under EU asylum law in situations when migration flows are "instrumentalised" for political purposes.

In simpler words, when people on the move are used as bargaining chips in geopolitical games.

Through this mechanism, member states would permanently be able to derogate at will from their obligations under EU asylum law.

The regulation introduces a series of disproportionate measures which will have severe negative consequences for people on the move. The first and main concern raised by the potential adoption of the regulation is the possibility to introduce derogations to EU asylum law.

This would de facto create a cherry-picking system between EU member states which would reduce the fundamental rights guaranteed under EU law. This would be detrimental to the right of migrants, asylum seekers and refugees.

The regulation also risks reducing access to asylum and reception conditions. It would reduce the timeframe of the asylum request process and confuse applicants as to where they could lodge an asylum application. It will also increase the use of accelerated border procedures, with a likely consequence of increased detention and reduction in rights guaranteed for refugees and migrants.

Last but not least, under the regulation, the dangerous concept of "instrumentalisation", would be codified into EU law, without a clear definition having been established, and with the risk of involving non-state actors in the "instrumentalisation" process.

This is even more absurd knowing that it is the logic of conditionality imposed by the EU and member states in the negotiation on migration with third countries that led to the blackmail approach seen recently in Belarus, Morocco and Turkey.

What happens next?

Member states (justice and home affairs counsellors on asylum) are due to meet on Wednesday (9 November) to discuss the proposal.

In the meantime, EuroMed Rights, its members and partners as well as all 80 civil society organisations behind the petition will call on EU member sates to counter the regulation and propose significant amendments to the text from the Czech presidency.

Indeed, by creating derogations to EU asylum law, the instrumentalisation regulation undermines the rule of law and creates a dangerous precedent that could be used in other areas of EU law, migration-related or not.

Finally, before adopting measures that substantially impact access to protection and asylum of migrants and refugees, it is paramount that member states implement a pre-risk assessment on the impact any decision will have on the fundamental rights of people on the move.

This article was updated on Wednesday 9 November to clarify that the proposal will be discussed, not voted upon.

Author bio

Elena Bizzi is coordinator of the migration & asylum programme at EuroMed Rights, and works with several NGOs on the protection of migrants' and refugees' rights.

Disclaimer

The views expressed in this opinion piece are the author's, not those of EUobserver.

Czech EU presidency proposes annual asylum relocation figure

The Czech EU presidency is proposing an annual minimum on the number of asylum seekers EU states are willing to relocate. The idea is part of bigger discussion on solidarity sharing, a concept that has long eluded member states.

EU migration and asylum pact faces reality check

The EU wants to finalise the overhaul of the migration and asylum laws before the end of the current mandate in 2024. But big issues on solidarity remain unsolved, including in the European Parliament.

Can Green Deal survive the 2024 European election?

Six months ahead of the EU elections, knocking an 'elitist' climate agenda is looking like a vote-winner to some. Saving the Green Deal and the EU's climate ambitions starts with listening to Europeans who are struggling to make ends meet.

Latest News

  1. EU suggests visa-bans on Israeli settlers, following US example
  2. EU ministers prepare for all-night fiscal debate
  3. Spain's Nadia Calviño backed to be EIB's first female chief
  4. Is there hope for the EU and eurozone?
  5. Crunch talks seek breakthrough on EU asylum overhaul
  6. Polish truck protest at Ukraine border disrupts war supplies
  7. 'Green' banks lend most to polluters, reveals ECB
  8. Tense EU-China summit showdown unlikely to bear fruit

Stakeholders' Highlights

  1. Nordic Council of MinistersArtist Jessie Kleemann at Nordic pavilion during UN climate summit COP28
  2. Nordic Council of MinistersCOP28: Gathering Nordic and global experts to put food and health on the agenda
  3. Friedrich Naumann FoundationPoems of Liberty – Call for Submission “Human Rights in Inhume War”: 250€ honorary fee for selected poems
  4. World BankWorld Bank report: How to create a future where the rewards of technology benefit all levels of society?
  5. Georgia Ministry of Foreign AffairsThis autumn Europalia arts festival is all about GEORGIA!
  6. UNOPSFostering health system resilience in fragile and conflict-affected countries

Stakeholders' Highlights

  1. European Citizen's InitiativeThe European Commission launches the ‘ImagineEU’ competition for secondary school students in the EU.
  2. Nordic Council of MinistersThe Nordic Region is stepping up its efforts to reduce food waste
  3. UNOPSUNOPS begins works under EU-funded project to repair schools in Ukraine
  4. Georgia Ministry of Foreign AffairsGeorgia effectively prevents sanctions evasion against Russia – confirm EU, UK, USA
  5. Nordic Council of MinistersGlobal interest in the new Nordic Nutrition Recommendations – here are the speakers for the launch
  6. Nordic Council of Ministers20 June: Launch of the new Nordic Nutrition Recommendations

Join EUobserver

Support quality EU news

Join us