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Europe Daily Bulletin No. 13684
Contents Publication in full By article 17 / 40
SECTORAL POLICIES / Home affairs/migration

Ending informal work, revising access to basic assistance, sanctions - Copenhagen wants to convince irregular migrants to return voluntarily

On Tuesday 22 and Wednesday 23 July, the Danish Presidency of the Council of the European Union is inviting the EU’s interior ministers to an informal meeting devoted to ‘innovative solutions’ in the field of migration, as well as the fight against organised crime and crimes against children, the main priorities of its mandate.

In Copenhagen the day before, the Presidency will also host a meeting of the Ports Alliance, set up under the Belgian Presidency to boost the fight against drug trafficking.

On Tuesday, for the ‘Internal Affairs and Migration’ section, the Presidency is planning an initial session on preparing the EU and making it more resilient to threats, followed by sessions on improving the European return system and ‘innovative ways’ of reducing irregular migration. The final session will focus on the fight against drug trafficking and organised crime.

With regard to the return of illegal immigrants whose applications for protection have been rejected, the Presidency wants to focus discussions on ways of encouraging those subject to a return decision to leave voluntarily. To ‘force’ them to choose this voluntary return, the duration of which has been set at 30 days in the new regulation on returns presented in March - and which is “clearly the preferred option”, as it is “more sustainable; it is much more cost effective and – in many cases – it is the only option as some third countries refuse to cooperate on non-voluntary returns”, says the Presidency in a note - it is necessary to “motivate returnees with both positive and negative incentives”.

Third-country nationals could thus be encouraged to return home by limiting their ability to work in the informal labour market or by reducing their potential benefits to cover only food and other basic needs, suggests the Presidency. This basic assistance “would instead be provided in kind and communally at return centres, where returnees would be obliged to stay”. These measures would make returnees “understand the full effect of the obligation to return”.

The introduction of appropriate reporting obligations and fairly severe penalties for failure to comply with these obligations would also be an important incentive for voluntary return, the note suggests.

There should also be legal consequences if a third-country national does not comply with the requirements and does not take part in the assisted voluntary return programme. 

A second example “could be an intensified outreach by national competent authorities, possibly supported by Frontex, making contact and building relations with the returnee at the earliest opportunity after the final decision on return has been made. Outreach could also take place earlier, i.e. already after a first instance negative decision. Furthermore, authorities could inform on possible voluntary return offers, which could include better offers the earlier the offer is accepted”.

On return centres, the Presidency also explains that, if the transfer of uncooperative returnees to a return platform outside the EU were to become a practical option, this could potentially dispel misconceptions that returnees have a future in the EU.

The mere existence of such a consequence may highly motivate the returnee to cooperate on their return, including third country nationals coming from non-cooperative countries of origin”.

In this respect, the Presidency will also ask the Member States whether there is a need to reflect on a new mandate for Frontex to strengthen its resources and missions.

Informal meeting in Germany. On Friday 18 July, German Interior Minister Alexander Dobrindt invited his counterparts from France, Poland, Austria, Denmark and the Czech Republic to another informal meeting on migration, in the presence of European Commissioner Magnus Brunner. The meeting, which seems to represent yet another informal discussion group on this subject, outside the group of 20 countries that now traditionally meets at each European summit - but which this time did not include Italy - resulted in a joint declaration on border protection and the return of rejected asylum seekers.

The countries invited to the conference stressed the importance of return centres in particular.

Effective returns are essential for maintaining trust in a balanced European migration policy. We advocate for a new EU Return Regulation that will ensure effective returns by enhancing the Member States’ means of action across the EU [...] This includes allowing for return hubs to be established in third countries in line with EU and international law and improving Frontex’s mandate to assist Member States with returns to these hubs in third countries. Frontex should in the future also be mandated to conduct returns from third countries such as the Western Balkans”.

The ministers also say that it must be possible to return people to Afghanistan and Syria.

On the same day, Germany deported 91 Afghans convicted of criminal offences to their country.

Link to the declaration: https://aeur.eu/f/hxz

Justice and simplification. The Danish Presidency of the Council of the European Union placed competitiveness at the centre of its first working session on Wednesday 23 July, in line with the simplification agenda put forward by the Commission.

Discussions will focus on the application of the General Data Protection Regulation (GDPR), which is being reopened (see EUROPE 13679/8) at a time when several Member States and institutions are advocating a reduction in administrative burdens, particularly for SMEs. 

Crime families. The second session will consist of an exchange on the fight against organised crime, and more specifically on criminal networks organised by families, which are on the increase in several Member States. 

The ‘EU Serious and Organised Crime Threat Assessment’, a report published every four years by Europol and the ‘ProtectEU’ strategy - presented in April (see EUROPE 13612/13), will enable European ministers to examine the way in which criminal organisations organised around family ties exploit legal loopholes, technological tools and young recruits to expand their illicit activities. (Original version in French by Solenn Paulic and Nithya Paquiry)

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