Statement | Recalling the Need of an Effective and Human EU Migration and Asylum Policy in Line with EU Fundamental Rights and other International Obligations

On 10 April 2024, the EU adopted  the Pact on Migration and Asylum,  a complex package of reforms  based on the European Commission proposals,  after lengthy negotiations among co-legislators and despite concerns expressed from several NGOs about certain aspects of the final agreement. In particular, the Pact includes ten legislative files intended to reform the EU system in the area of migration and asylum, establishing a European approach and response to the huge migration challenges that the EU has faced since 2013.

The Pact priorities more secure external borders, faster procedures for asylum and return, and more solidarity among EU Member States, responding to the main concerns expressed by large number of EU Member States and confirmed by the results of June 2024 European elections. However, the Pact does not introduce mutual recognition of the asylum decisions or humanitarian visas as suggested by several UEF resolutions and UEF Manifestos since 2019.

Considering the importance of effective and correct implementation of the Pact by Member States, the European Commission adopted in June 2024 the Common Implementation Plan which sets out the key milestones to put in place the legal and operational capabilities required to successfully start applying the New Pact on Migration and Asylum by mid-2026. Member States should communicate their National Implementation Plans by the end of this year.

In its June 2024 Communication, the Commission includes, among other measures, a permanent, legally-binding but flexible solidarity mechanism (to ensure that no Member State is left alone when under pressure) and actions for building a more resilient system in the face of evolving migratory crisis situations. It details safeguards for applicants for international protection and vulnerable persons and increases monitoring mechanism for fundamental rights to ensure effective protection of all third countries nationals’ rights in line with the EU Charter of Fundamental Rights and respect of the non-refoulement principle. Finally, the Communication includes measures for inclusion and Integration of migrants to ensure the long-term cohesion of societies and economic well-being.

The Pact does not include measures aimed at outsourcing (partially or totally) the EU asylum process as this option has been excluded since the beginning of the EU migration and asylum crisis. In fact, it has been considered as a costly process which could create a controversial precedent in term of respect of the fundamental rights. Outsourcing the asylum process would be contrary to the high level of safeguards provided by the EU acquis, the EU standards on rule of Law as well as the EU political commitments regarding the human rights globally (risks for differentiated treatment of third countries and development of subregional strategies).   

In November 2023, the Italian government concluded a Protocol with the Albanian authorities on extraterritorial migration management, which includes detention and asylum processing in Albania. The Protocol ratified by the Law 14/24 introduces a new approach on “territoriality”. It allows the  Italian authorities to assess asylum applications for certain categories of third country nationals on Albanian territory which is considered as “extraterritorial space under Italian Jurisdiction”.

Several migration experts published detailed analyses of several provisions of the Protocol, underlining the risk of such unilateral arrangement that, while not involving the EU, covers policy areas falling within the scope of the EU law. They have questioned its conformity with the EU acquis and the EU Charter of Fundamental Rights (for example on the detention and the deprivation of personal liberty without procedural safeguards).  Without any doubts, such initiative creates a bad example and undermines the common efforts for a truly effective and sustainable common European Asylum policy in particular now where Member States should focus efforts in the finalization of the implementation of the Pact.

In addition, the agreement will have a negative impact destabilizing Albania, a candidate country which is intensifying efforts and initiatives to close accession negotiations in all Chapters by end 2027.

The UEF should strongly condemns this initiative of the Italian government as contrary to the EU acquis, the EU Charter of Fundamental Rights, and counterproductive towards common efforts for a strong common European asylum policy.

Waiting for the final decision by the Italian authorities (implementing the Decisions of the Italian Courts) and the appointment of the New Commission, the UEF will take the initiative in 2025 for a wider dialogue and policy reflections concerning the need for further developments in the EU migration and asylum. 

Budapest, 16 November 2024