Meeting in Malta on 26 January, EU Ministers for the Interior, attempted to arrive at a compromise on the reform of the European asylum system, particularly the revision of the Dublin regulation for establishing the respective duties of the member states responsible for asylum requests.
They appeared to have found some common ground on a range of different points, particularly a three-phase response system in the event of a migration crisis, as explained at the end of the meeting by the German Minister for the Interior, Thomas de Maizière.
The Maltese Minister for the Interior, Carmelo Abela, chaired the meeting and during a press conference said that he was cautiously optimistic. He considers the discussions ministers to have been constructive and could provide another step towards an agreement on reform during the current presidency.
Building on the proposals the former Slovak Presidency of the Council of the EU had formulated (step-by-step solidarity adapted to the level of migratory crisis in the EU) (see EUROPE 11686), Ministers appear to have confirmed that the emergency relocation of asylum seekers and their redistribution to different member states would not occur during the first stage of a crisis.
Initially, in the event of moderate migratory flows, the Dublin regulation as it is known, particularly with its levels of flexibility (for example, the suspension of asylum seeker transfers to the first country of entry in an effort to relieve them) would continue to apply as such. Then, secondly, another system would be implemented to provide more relief to the countries of first entry, such as Greece and Italy and in this regard, that the emergency relocation mechanism, based on redistribution between member states, can apply.
Finally, in a very critical stage or situation of a massive influx of asylum seekers and refugees, the response would combine other measures and possibly controversial actions of return to safe countries, for example, in countries in North Africa, as suggested by the German minister.
The Commission proposal envisaged the redistribution mechanism from the beginning, with “the first refugee, but this cannot obtain a majority” explained Thomas de Maizière, pointing out that this could be interpreted as “an oxygen bubble” by migrants.
Another point in the possible agreement that could be obtained between member states at this stage: no country would be exempt from “solidarity” measures, which would signify that no country would have the right to refuse to take in migrants on their respective territory. Nonetheless, as suggested by the French Minister of the Interior, Bruno le Roux, the situation of the countries would be taken into account, such as their level of wealth, size, assets and reception capacity.
Nonetheless, in addition to this architecture that appears to have obtained consensus, nothing is as yet a done deal. Therefore, the ministers will also be having very intense discussions regarding the ceilings upon which the different phases of a migration crisis can be identified. Some member states are calling for a quantitative ceiling, whilst others want a quantitative ceiling that takes into account the nature of the crisis.
The Maltese Minister for the Interior timely pointed out that “The devil is in the detail”. According to the latter, progress on this reform of the Dublin system should, however, be pursued and the ministers would therefore be able to meet the objective set out for them at the December European Council, namely, reaching an agreement on this reform by the summer.
Ministers of the Interior also had further discussions on the necessity of cooperating in the migration field with third countries, particularly Libya and, more generally, strengthening the Schengen area’s external borders, particularly by way of information systems.
The afternoon session also focused on the interoperability of the different European databases and information exchange systems between member states, particularly in the context of terrorism. In this regard, again, ministers made a commitment to strengthening their efforts and improving this cooperation. (Original version in French by Solenn Paulic)