Austria’s Magnus Brunner, nominated to succeed Ylva Johansson as European Commissioner for Migration and Home Affairs, passed his exam in front of the MEPs on Tuesday 5 November.
Having adopted a balanced stance on most subjects, in particular immigration, between the imperative of firmness and maintaining democratic safeguards by respecting the work of NGOs and safeguarding fundamental rights, Mr Brunner obtained the backing of the EPP, S&D, Renew Europe and ECR groups, i.e. the 2/3 majority required.
The Greens/EFA group abstained and The Left, PfE and ESN groups voted against. Magnus Brunner did not manage to fully convince the MEPs, including those who had supported him, and sometimes left them in the dark.
They were left hungry for more on several occasions, for example with regard to the texts of the ‘Pact on Migration and Asylum’, which should be brought forward and implemented before 2026, as requested by several Member States, in spite of the fact that the Commissioner-designate has assured them of his commitment to implementing this reform as soon as possible. The same applied to the question of how to preserve freedom of movement within Schengen: the former finance minister said he understood the desire of some Member States to maintain internal border controls until security at the EU’s external borders is fully guaranteed, thereby distancing himself from the possibility of launching infringement procedures.
“We are trying to reduce controls as much as possible” he explained, noting that “Member States currently fear that the protection of external borders is not sufficient”.
When asked about the enlargement of the Schengen area to include Bulgaria and Romania, he was also a little “too quick to side with the Member States”, said one MEP after the hearing.
The Austrian was particularly expected to address the issue of strengthening the policy of return of illegal immigrants to the EU (see EUROPE 13506/1), a major focus of his mandate. He clearly stated that he was “open to new ideas”, such as ‘return hubs’, a position that did not appeal to the Greens/EFA, who were opposed to most of his ideas.
Mr Brunner said he also wants to explore the results of arrangements such as the Protocol between Albania and Italy (see EUROPE 13508/25), which involves outsourcing to Albania the processing of asylum applications lodged by migrants rescued by the Italian navy and then returned to that country. On this issue, he said that he will rely on safeguards, in this case on European and international law, as well as international organisations (IOM, UNHCR).
“Such a concept would have to be organised in a humane and legally irreproachable way, and with international organisations”, he replied to the Italian MEP, Cecilia Strada, and German MEP Birgit Sippel, two members of the S&D Group.
According to Mr Brunner, “stakeholders need to give their opinion and say what such a tool could look like”. And if there was any doubt in the minds of the MEPs, he also made it clear that these ‘return hubs’ would only concern people who are refused asylum.
The Commissioner-designate without a doubt also disappointed progressive groups by explaining that the EU will work with its neighbouring countries to stabilise migratory flows, including those where respect for human rights raises questions.
“You can’t choose your geographical location. Europe will have to work with its neighbours. We need to stabilise these neighbours, and these partnerships with third countries are working”, he replied, citing in particular the sharp drop in migrant arrivals in the central Mediterranean.
While he defended the need for a “fair and firm policy” on illegal immigration and confirmed that a new legislative proposal on returns will arrive “before the summer of 2025”, he gave no details on the legal nature of this text, between a directive and a regulation.
Magnus Brunner will first carry out a wide-ranging consultation of stakeholders to draw up this new text, which is intended to revise the current directive dating from 2008. He also outlined the objectives to be achieved by this new tool, namely simpler and faster returns of illegal migrants, increased digitalisation of procedures, clear cooperation obligations for those concerned and mutual recognition of return decisions.
By maintaining this balanced stance and repeating the same answers over and over again, the Austrian also avoided controversy.
On the Pact on Migration and Asylum the Commissioner-designate also gave assurances to MEPs on the response to be given to Member States that refuse to apply this reform, such as Poland and Hungary. If it is “justified”, I will not hesitate to launch infringement proceedings against these countries, he told Fabienne Keller (Renew Europe, French).
The lawyer by training also tried to strike the perfect balance on the issue of legal migration, which he considered essential in view of “demographic change” in Europe and the need for new workers. Tools such as talent partnerships with third countries can thus be developed. But here too, rules will be needed.
He also supported any initiative that would save lives at sea and prevent crossings, such as the submission of asylum applications at EU consulates and embassies in third countries.
In fact, the S&D group supported it in part because of its two promises: to apply the Pact on Migration and Asylum without exception and to support legal migration.
Nor did the Austrian want to offend the Patriots for Europe group, which has repeatedly asked him to comment on the financing of physical infrastructure at external borders.
Here again, Magnus Brunner opted for the ‘middle way’. Taking the view that the EU budget is “limited” and that its resources cannot be extended, he pointed out that the Member States can build such infrastructure using their own resources. European funds could be used to finance “integrated solutions” for the surveillance of external borders. We have to make sure that we use taxpayers’ money in the best possible way, he added.
However, environmentalists claims that these precautions are not enough. “He was not very committed, and even said things that went against my values. We would have liked more clarification and a second opportunity to get some real answers”, commented Mélissa Camara (Greens/EFA, French).
On other issues concerning MEPs, such as the future of the regulation on the removal of online child sexual abuse material, Mr Brunner also remained cautious, simply calling on the Council of the EU and the European Parliament to begin negotiations on this regulation presented in 2022 (see EUROPE 13475/10).
Although he repeatedly advocated the need for a solution that would protect children while respecting their privacy, the Austrian did not put forward any alternative solutions or respond to concrete requests from MEPs on the issue of encrypting communications.
On access to personal data in the context of investigations, the former minister generally referred to the work of the High Level Group on Access to Data for Effective Law Enforcement.
Internal security strategy. Lastly, Magnus Brunner also promised a new internal security strategy for early 2025 and a new definition of criminal networks to include, for example, mafias.
He also announced a new counter terrorism strategy and promised to step up the fight against antisemitism and Islamophobia. (Original version in French by Solenn Paulic)