With less than two months to go before the entry into force of the Pact on Migration and Asylum, the Cyprus Presidency of the Council of the European Union is stepping up the pressure on Member States to ensure that fundamental rights are respected. According to a document dated 22 April, which Agence Europe was able to consult, the Cypriots are concerned about the ability of the national authorities to transform this technical framework into an “operational” and protective system.
The document stresses that the implementation of the Pact is not simply an administrative transition, but is based on essential principles such as the right to asylum and non-pushback. For the Presidency, the success of this reform will depend on “effective, independent and well-resourced” monitoring.
Several factors, such as the volume of migratory flows and the very short deadlines imposed for screening and border procedures, could influence the Member States’ ability to meet their obligations. The Screening Regulation requires the creation of an independent national monitoring mechanism, which must not only assess compliance with international law, but also ensure that “substantiated allegations of failure to respect fundamental rights (...) are dealt with effectively”. In particular, this mechanism will have the power to issue annual recommendations to the national authorities.
In addition to strict monitoring, the Cyprus Presidency is defending a cross-cutting approach, pointing out that the Regulation on the asylum procedure allows the European Commission to recommend “the suspension of the application of the border procedure to families with minors if reception conditions are inadequate”.
Other instruments, such as Eurodac for biometric data or the Regulation on crisis situations, also include safeguards overseen by the Commission and the EU Council.
The note therefore calls for close coordination between all players, to avoid duplication. The aim is to incorporate the findings of independent bodies, such as the national supervisory bodies and the European Union Agency for Fundamental Rights (FRA) - into overall migration policies.
The Presidency of the Council of the EU is also asking the national delegations about the actual resources allocated to these supervisory authorities and about their possible power to investigate individual complaints. (Original version in French by Justine Manaud)