What will the European Commission propose in its Asylum and Migration Pact expected in theory for September? Compared to a version that circulated in February, before the Covid-19 pandemic (see EUROPE 12485/6), the European institution has reviewed the management of sudden migratory crises and, in a document dating from the end of April seen by EUROPE, it confirms the idea of a system of pre-identification and pre-registration of migrants arriving at the external borders of the European Union.
According to the April version, the Commission envisages a five-axis system: - a joint framework for asylum and migration management; - a crisis response system; - the effectiveness of the EU's external borders; - the fight against smuggling networks; - cooperation with non-Member States; - the legal entry of highly skilled migrants and their integration into European societies.
On external borders, an extremely sensitive subject, it envisages prior “security checks” on non-Member State nationals arriving in the EU. These checks would cover health, identification, fingerprinting and immediate registration in the Eurodac database to quickly find out how to direct that person, between asylum and return, before any 'official' entry into the EU.
The so-called ‘border procedures’ rules are thus merged into a broader proposal on ‘European asylum procedures’ with the use of the border procedure (accelerated time limit, no entry into the territory) for those whose application does not appear to be well-founded, or the normal asylum procedure (with extended rights) for others with a more admissible profile.
It would also be possible to relocate persons undergoing a border procedure to another Member State in order to finalise it.
On asylum applications, the Commission confirms that it intends to withdraw the so-called 2016 Dublin Regulation. It will transform Eurodac into a large database on migration and returns. It will reportedly replace the Dublin Regulation with a “framework on asylum and migration management” where “flexible tools” would find their place.
New solidarity mechanism
A new solidarity mechanism would make it possible to assist Member States, on a voluntary basis in normal times and on a compulsory basis in times of pressure.
The range of measures to assist a Member State under strong migratory pressure would be broad: - resettlement of refugees, asylum seekers, but also irregular migrants; - resettlement efforts from non-Member States; - operational, diplomatic, technical or financial support.
Member States are also invited to better anticipate crises and to devise a pool of means and measures that can be activated more rapidly in the event of a crisis, in particular for rescue at sea and the disembarkation of migrants.
Furthermore, the return of migrants who are not eligible for protection in the EU is a very important part of the April draft pact. Work is planned to resume on the revision of the Returns Directive, launched in 2018, to strengthen the prevention of the risks of flight, and to increase voluntary returns through a specific strategy facilitating the reintegration of returnees in their countries.
The European agency Frontex would be the ‘operational’ armed arm of the EU in this field.
Permanent platform for sea rescue
On the response to extreme crises, urgent measures would be implemented in the event of a mass influx of people with a three-step procedure.
Compulsory solidarity would be imposed via a delegated act, but compulsory relocation is still to be defined. The Commission proposes, in any case, to give a positive a priori to groups of people by rapidly granting them a kind of subsidiary pre-protection.
On rescues at sea, the European institution advocates a permanent platform approach between Member States, IOM specialists and NGOs. The idea is to break the current logic of case-by-case responses. The relocation of the people rescued is to be integrated into the solidarity responses envisaged.
Lastly, on the Schengen area of free movement of persons, the Commission no longer seems to be advocating a reform of the Borders Code. (Original version in French by Solenn Paulic)