European Ministers for the Interior will be meeting up on Thursday 12 July in Innsbruck to begin outlining the suggestions made by the European heads of state and government at the end of June to respond to the migration challenge (see EUROPE 12051 and 12052).
They will, more specifically, re-examine the debarkation platforms for migrants intercepted in international waters planned for safe countries in North Africa, as well as the controlled centres for migrants intercepted in international waters of a member state that certain countries could possibly host on their territory voluntarily, in an effort to respond to the refusal by Italy to open its ports.
On Thursday morning, ministers will hold a comprehensive discussion on the migration theme and, more specifically, on the management of the EU's external borders and implementation of an asylum system that is able to tackle migration crises.
In a backdrop to this meeting, the Italian Minister, Matteo Salvini, Herbert Kickl from Austria and Horst Seehofer from Germany, will be specifically examining the theme of secondary movements that provoked a dispute between Berlin and Vienna last week (see EUROPE 12056).
The Austrian Minister for the Interior, notwithstanding, set the tone for the Presidency on Monday 9 July at the European Parliament’s civil liberties committee by again insisting on the priority of protecting the EU's external borders by strengthening the European coast and border guards (Frontex).
The Commission will present a proposal to strengthen the means and mandate of the European agency in September (see EUROPE 12057).
Failure of compulsory migrant relocation highlighted
Mr Kickl repeated that the reform of the so-called Dublin regulation on asylum, which is by far the most sensitive issue in the 2016 asylum package, can no longer be allowed to falter on the obstacle of the compulsory asylum seeker relocations issue. The minister explained “It will be necessary to redefine the balance between solidarity and responsibility” and take into account the lessons of the past. He added, “We need to understand that we will have a problem with binding distribution. This has always led to failure”. The minister said that other elements could be taken into account on the “solidarity” section such as participation in external border protection, rescues at sea and migrant debarkation. According to the Minister, there are other “stones” with which to build the “edifice” of the Dublin reform.
The Austrian Presidency will provide a report on the reform of the “asylum” package to the European Council in October but it is not setting itself the objective of concluding this dossier under its presidency.
According to one source, Austria has called for all references to be erased from the conclusions of the most recent European summit on the progress to be achieved on this subject under its presidency. These conclusions simply express hope for a conclusion “as soon as possible”.
On Monday, the Minister did not in fact attempt to take into account an informal note from the Austrian Presidency presented at the beginning of July to the Committee of Permanent Representatives to the EU meeting up and which was disclosed by Le Monde newspaper. Examined by EUROPE, this note suggests that the EU evolves towards a “System of protection under which no request for asylum will be submitted on European territory”, with the exception of the EU's border countries.
The priority must be to grant “protection as close as possible” to the areas from whence people are fleeing, in an effort to create fewer problems relating to different modes of life and values, explains the document.
The Commission and several member states have already expressed doubts about these proposals which, they consider are on the limits of legality and approach the principal of refoulement of persons.
The remainder of the Austrian agenda on home affairs focuses on strengthening security in the EU and tacking anti-Semitism.
Electronic evidence
On Friday 13 July, European Ministers for Justice will firstly meet up with their counterparts from Eastern Partnership countries to discuss questions relating to the rule of law. The EU 28 will then focus on two legislative proposals to improve cross-border access to electronic evidence held by communication service providers (see EUROPE 12003). Vienna has in fact made this one of its major priorities and it aims to reach an agreement of political principle (general approach) in December (see other article).
During the first ministerial level discussions, several member states expressed the wish to examine the possibility of extending the scope of the regulation to the interception of data in real-time and direct access to evidence, whilst at the same time expressing the concerned that this should not delay the adoption of the proposals (see EUROPE 12033).
Some of the first technical questions to tackle include setting a fair level of responsibility for digital service providers, as well as the injunction re-examination procedure in the event of contradictory requirements based on the fundamental rights or interests of a third country (see EUROPE 12051).
Ministers will also discuss the EU’s common position to respond to the US ‘CLOUD Act’. (Original version in French by Solenn Paulic and Marion Fontana)