While it has not been possible to make concrete progress on the various regulations of the ‘Pact on Migration and Asylum’, partly because of the war in Ukraine and the questions it raises about solidarity and possible solutions for the relocation of asylum seekers, the French Presidency of the EU Council is continuing to reflect on the convergence of Member States’ asylum systems and the application of the Dublin Regulation, as well as on the pilot projects for legal migration.
As the French Presidency still expects to get its step-by-step approach on the ‘Pact on Migration and Asylum’ approved in June and to make progress on the ‘migrant screening’ or Eurodac regulations, while getting a voluntary solution for the relocation of people rescued at sea endorsed, the war in Ukraine has changed the nature of some of the discussions, such as those on solidarity and relocation mechanisms, which are now off the table despite the arrival of 4.5 million Ukrainian refugees in the EU. In addition, the activation of the Temporary Protection Directive has led to thousands of people automatically ‘relocating’ to the Member States on their own.
Member States still support the principle of this step-by-step approach and are said to consider the migration and asylum reform more important than ever, but the war in Ukraine brings new questions.
In the meantime, work is therefore focused on other related aspects of the ‘Pact on Migration and Asylum’, notably the external dimension of migration with discussions on ‘MOCADEM’, the mechanism for coordinating actions on the external dimension of migration, but also on the convergence of asylum systems.
On this point, it is a question of reducing the differences in asylum practices, which “sometimes persist to a significant degree”, says the Presidency in a note of 7 April, notably on the rates of protection of the top ten nationalities of asylum seekers in the EU (including Afghanistan, Iraq and Somalia).
The Presidency proposed to the Member States a roadmap on the convergence of asylum practices to “promote greater ownership by Member States of the operational standards, indicators, guidelines and best practices as well as country of origin information reports and guidance notes” developed by the European Union Agency for Asylum.
It also aims to facilitate the exchange of information between the responsible authorities in order to “enhance the consistency of decisions taken on applications for international protection made by the same person in several Member States”. The idea of a harmonised form for information requests between Member States on asylum seekers is also suggested.
For the exchange of information on Dublin, a specific questionnaire was sent to the Member States, asking them, inter alia, whether additional information procedures should be introduced for asylum seekers who pose a risk to public security.
On legal migration, in particular labour migration, the French Presidency surveyed Member States on their needs and on the type of partnerships currently being conducted with third countries.
Germany sees needs in the health and care sector, information and communication technology, hotels and restaurants or skilled crafts, which “could be potential areas for talent partnerships”. Other activities, such as bus or truck drivers, could also be relevant.
“In any case, international principles of ethical recruitment must be taken into account in labour migration cooperation models and the brain drain, which is detrimental to partner countries, must be avoided. The focus should also be on the needs of German employers”, the country said in a note dated 7 April.
Italy points as well to potential needs in the services sector.
Warsaw cannot participate in legal migration projects
Poland, on the other hand, says that due to the presence of thousands of Ukrainian refugees on its soil, it will have to postpone its participation in these ‘Partnership for Talent’ projects.
“Only after the current situation has stabilised can we assess the measures to be taken on legal migration”.
The Commission is due to propose new ideas on legal migration at the end of April.
Link to the various documents: https://aeur.eu/f/196 , https://aeur.eu/f/195 , https://aeur.eu/f/194 (Original version in French by Solenn Paulic)