The European Commission is mulling a new EU law on migrant returns, with many countries insisting on a hard line.
The European Commission is set to include so-called ‘return hubs’ located outside the bloc’s borders from which migrants can be returned to their home states in an upcoming legislative proposal to speed up the return of rejected asylum seekers, according to the minutes of an informal meeting on home affairs held last week seen by Euronews.
During the informal Council in Warsaw last Thursday 30 January, Austrian migration commissioner Mangus Brunner discussed ‘innovative ideas’ for migration management with representatives of the Schengen member states and the EU institutions, with legislation on returns dominating the discussions, according to the minutes.
Informal Council meetings are regular gatherings of EU member states and institutions, organized by the rotating presidency of the Council of the EU—this time led by Poland, which hosted the event in its capital.
A spokesperson for the Commission declined to comment on leaked information when approached by Euronews.
The upcoming proposal to speed up the return of rejected asylum seekers is expected to be published by the Commission as soon as the end of this month, kicking off the legislative process in the European Parliament.
Brunner proposed “stronger rules on detention” and the “possibility of developing return hubs” during the meeting, according to the minutes.
Return hubs are proposed locations outside the EU where those whose asylum applications within the bloc have been rejected could be sent before return to their country of origin.
The return hubs proposal was welcomed and described “as a possible deterrence for irregular migration” by “Austria, Bulgaria, Czech Republic, Denmark, Germany, Greece, Italy, Latvia, and Malta”.
Decisions on migration are taken by a qualified majority, meaning that at least 15 of the 27 member states representing at least 65% of the bloc’s population would need to approve it.
Other member states, such as Portugal and Spain raised “doubts” from a legal and operational point of view, while others, such as Ireland and Belgium, “emphasised the need of measures to be realistic and workable and respect fundamental rights,” according to the minutes.
Brunner said the bloc should remain “open-minded” to exploring “new ideas” to curb irregular migration during his confirmation hearing at the European Parliament last Autumn.
Establishing such hubs could be done in a “humane and legally sound manner”, he said at the time, adding that further reflection was needed to “find out what this kind of concept might look like” in practice.
Humanitarian organisations have rejected the initiative, saying the hubs will lead to endless detention and rampant suffering. Current EU law forbids authorities from sending migrants against their will to countries with which they do not have a connection.
But political pressure to improve the sluggish deportation rate has trumped these warnings, fostering a tougher approach in many member states.
Commission President Ursula von der Leyen also strongly endorsed ‘return hubs’ in a letter to EU leaders ahead of a two-day summit in Brussels dominated by discussion of migration last October. In the letter Von der Leyen judged that a migration protocol agreed between Italy and Albania – which has been dogged by legal challenge – could determine the next steps of EU migration policy.
ADVERTISEMENTOther details of the upcoming law
Brunner also proposed introducing an obligation for returnees to “cooperate and spell out clear consequences” for failure to comply with rules, to strengthen rules for “returnees posing security threats”, and to facilitate mutual recognition of return decisions in the bloc.
Ministers from “Denmark, Iceland, Liechtenstein, Lithuania, Malta, Norway, Romania, Slovenia, Sweden” welcomed the “clear obligations of returnees and sanctions” for those that refuse to cooperate”.
Several countries agreed to the idea of mutual recognition of return decisions among member states, with France alone wholly opposed, according to the minutes.
Spain, supported by Portugal, Romania, Slovakia and Iceland, asked for a reinforced role for Frontex, the EU border agency, for returns. The agency “agreed with the proposal […] and emphasised the need to have adequate resources for that”, the minutes said.
ADVERTISEMENTEuropean Commission president Ursula von der Leyen announced in her re-election speech last Summer that she has the intention to triple Frontex staff.
Finally, the document said that most member states consider that it is better to write the law as a directive rather than a regulation, in order to give member states more flexibility in its application.
Suspension of asylum rights
The minutes recorded that a discussion on the smuggling of migrants though the Russian and Belarusian borders took place, under the title “weaponisation of migrants”.
Brunner reminded member states that they can take the “necessary action to stand up to hostile actors”, that send migrants to the EU borders. However, any actions against those hostile actors that can have an impact on asylum seekers should be considered as “exceptional measures” and must comply with international law, he said.
ADVERTISEMENTOn this subject Sweden touted suspending asylum regimes “in exceptional circumstances” as one possible response to such “hostile actors”.
The idea reflects similar initiatives recently taken by Finland and Poland.
Next steps
After the European Commission’s publication of the proposal on return of asylum seekers, it will begin its legislative process, which typically takes about two years.
Despite the contentious nature of the portfolio he has been assigned, Brunner appeared comfortable throughout the hearing. He echoed many, if not all, of the positions laid out in the guidelines of his potential boss, Ursula von der Leyen, and avoided incendiary questions from far-right lawmakers.
ADVERTISEMENTBrunner will be tasked with implementing the New Pact for Migration and Asylum, the far-reaching reform the bloc completed in May after almost four years of hard-fought negotiations. The Parliament sees the New Pact as a historic achievement and wants every member state to comply with the new rules.
Poland and Hungary, though, have openly said they would not do so, stoking fears the complex overhaul could fall apart before it is given a chance to yield results.
Brunner committed to launching legal action against those who disregard the rules. “If it’s necessary and justified, then infringement proceedings could be brought,” he said.
The candidate also promised to work towards lifting internal controls across the passport-free Schengen Area and securing full membership for Romania and Bulgaria.
ADVERTISEMENTThese pledges raised eyebrows in the room: his home country, Austria, has been condemned by the European Court of Justice for unlawfully extending border controls and is single-handedly blocking the accession of Romania and Bulgaria.
