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Begin New Search Topic Asylum Publishing Institution European Policy Centre

1. European and African perspectives on asylum and migration policy. Seeking common ground

Author:
Olivia Sundberg Diez, Matthias Lücke, Leonie Jegen, and Franzisca Zanker
Publication Date:
04-2020
Content Type:
Special Report
Institution:
European Policy Centre
Abstract:
If the EU and its member states are to manage migration successfully, they need to start treating countries of origin and transit, especially in Africa, as equal partners. The Union must make a conscious effort to negotiate comprehensive agreements on mobility that reflect both sides’ interests, concerns, and political realities. The European Commission is currently finalising its proposed New Pact on Migration and Asylum to re-start the debate on how to reform the Common European Asylum System and manage migration from outside the EU. One prominent aspect is the ‘external dimension’: jointly managing migration with countries of origin and transit. In this 2020 MEDAM Assessment Report, the authors explore how European and African governments can reach common ground on policies related to migration and mobility.
Topic:
Migration, Treaties and Agreements, European Union, Refugees, and Asylum
Political Geography:
Africa and Europe

2. The upcoming New Pact on Migration and Asylum: Will it be up to the challenge?

Author:
Alberto-Horst Neidhardt and Olivia Sundberg Diez
Publication Date:
04-2020
Content Type:
Working Paper
Institution:
European Policy Centre
Abstract:
A courageous and ambitious New Pact on Migration and Asylum is one that strengthens the right to asylum; sets the conditions for more equal relationships with third countries when it comes to managing migration; and puts forward a mechanism that can foster genuine solidarity between member states. When the new Commission entered into office in December 2019, it promised a fresh start on migration, breaking the deadlock between member states on long-awaited reforms. Unfortunately, based on a range of leaked papers and official (draft) documents that have been circulating since late 2019, it seems that the Commission may opt to reduce the New Pact to a collection of watered-down compromises on responsibility-sharing. It also appears to be doubling down on control-oriented measures. This Discussion Paper argues that a different approach is needed to set up an EU asylum and migration policy that is efficient, respects asylum seekers’ fundamental rights and can prevent and meaningfully address future humanitarian emergencies.
Topic:
Migration, Treaties and Agreements, Refugees, and Asylum
Political Geography:
Europe

3. From Tampere 20 to Tampere 2.0: Towards a new European consensus on migration

Author:
Marie De Somer, Philippe De Bruycker, and Jean-Louis De Brouwer
Publication Date:
12-2019
Content Type:
Book
Institution:
European Policy Centre
Abstract:
To mark the 20th anniversary of the 1999 Tampere European Council conclusions, the European Policy Centre, together with Odysseus Academic Network, European Migration Network Finland and the Friedrich Naumann Foundation, embarked on a year-long project to assess the legacy of the Tampere conclusions and how they continue to shape and inspire EU policymaking today. Centred on four pillars – partnerships with countries of origin, a common European asylum system, fair treatment of third-country nationals and the management of migration flows -, these conclusions provided guidelines and sketched out principles that remain relevant two decades later. The project included a series of expert roundtables, culminating in the Tampere 2.0 conference held in Helsinki in October 2019, in the margins of the Finnish Council Presidency. The ideas and suggestions discussed at these events were brought together in this publication.Based on the current state of the EU’s migration and asylum policies and the lessons learned from the 2015-2016 crisis, the book argues that solidarity and the implementation of common policies are the two building blocks for a new European consensus on migration. It puts forward a set of concrete ideas on a new institutional and financial framework for migration policies, on legal migration, the common European asylum system, Schengen, integration, border control, return and readmission, the Global Approach and Partnership Framework, and development. Commission President von der Leyen’s proposal for a new pact on migration is a promising start, but what is perhaps more needed is a compromise uniting the Commission, Parliament and Council, and representing the member states under the auspices of the European Council. Patience and determination will be crucial in securing the successful completion of such a deal. However, that would be a small price to pay for an agreement that will still be as solid and relevant twenty years from now.
Topic:
Migration, European Union, Refugees, and Asylum
Political Geography:
Europe

4. Diminishing safeguards, increasing returns: Non-refoulement gaps in the EU return and readmission system

Author:
Olivia Sundberg Diez
Publication Date:
10-2019
Content Type:
Working Paper
Institution:
European Policy Centre
Abstract:
Increasing the rate of return of third country nationals without a legal right to remain in the EU looks set to remain a policy priority for this European Commission. Nevertheless, the European Union and member states must ensure that their return and readmission policy complies in full with their international obligations, particularly the principle of non-refoulement. In this discussion paper, Olivia Sundberg Diez argues that recent trends are creating a growing accountability gap over how returns are conducted, with implications for refoulement: First, procedural safeguards are increasingly diminished in order to accelerate returns. The Recast Return Directive proposal, and the Council’s partial general approach, could curtail access to effective remedies within return procedures. Regarding readmission, cooperation with third countries is becoming ever more informal and frequently bypasses democratic and judicial scrutiny. Second, significant divergence remains between national return practices. EU mechanisms are sometimes strategically avoided when pursuing controversial agreements that are EU-wide or involve the Union, leading to a blurring of responsibility. At the same time, problematic bilateral agreements continue to be concluded with limited data and without EU guidance. Third, there is a lack of suitable monitoring mechanisms within return practices and readmission agreements. This hinders the EU and member states’ ability to guarantee returnees’ safety, and is worsened by the recast Return Directive proposals. In particular, considerations regarding the risk of indirect refoulement are notably absent. These three trends amount to structural shortcomings in EU and member states’ efforts to prevent refoulement. This paper analyses the risks at hand so that they can be better addressed in the next legislative cycle, and calls for strengthening safeguards and accountability measures in future readmission cooperation and the negotiations for the recast Return Directive.
Topic:
European Union, Refugees, Asylum, and Non-refoulement
Political Geography:
Europe