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11. Schengen reform and the instrumentalisation of asylum-seekers: New Commission proposals legitimate states’ existing practices

Author:
Saila Heinikoski
Publication Date:
02-2022
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs (FIIA)
Abstract:
The European Union lacks a consistent asylum and migration policy, which makes it vulnerable to the instrumentalisation of asylum-seekers, most recently visible in the Belarusian actions at its borders with EU countries. In December 2021, the European Commission published proposals on tackling the instrumentalisation of migrants and reforming Schengen rules, but they appear to miss their targets. Instead of addressing the hostile third country, the instrumentalisation proposal weakens the rights of asylum-seekers at the border. Schengen reform proposes the possibility of an indeterminate period of reintroduced internal border controls, legitimating the years-long border controls in six Schengen countries (France, Germany, Denmark, Austria, Sweden and Norway). Asylum and migration policy is also progressing, as the 18-month-old proposal for the New Pact on Migration and Asylum is expected to move forward, contributing to the badly needed harmonisation of policies.
Topic:
Migration, Reform, Asylum, and Humanitarian Crisis
Political Geography:
Europe

12. Post-Brexit EU–UK cooperation on migration and asylum: How to live apart, together

Author:
Alberto-Horst Neidhardt
Publication Date:
06-2022
Content Type:
Working Paper
Institution:
European Policy Centre (EPC)
Abstract:
The UK’s withdrawal from the EU has created a policy, legal and operational vacuum in migration and asylum matters which undermines the interests of both sides. There is no more binding framework which defines responsibility for asylum seekers and facilitates transfers between the EU and the UK. Brexit also made it harder to devise and implement effective anti-smuggling strategies with European partners. Despite these gaps, a post-Brexit cooperation agreement is not on the horizon, with structural reforms pursued by each side reflecting conflicting priorities and a growing political disconnect. Following the 2020 proposals of the New Pact on Migration and Asylum, EU member states are still negotiating a mandatory responsibility-sharing mechanism. Meanwhile, in April 2022, the UK overhauled its asylum and immigration law, undercutting safeguards for asylum seekers reaching the country irregularly. The same month, the UK government signed a deal with Rwanda to deport all asylum seekers arriving via the Channel – a move even the European Commission has criticised. Recent post-Brexit tensions over other policy areas, most prominently the Northern Ireland Protocol, have reduced mutual trust to a historic minimum. This makes an ambitious and comprehensive agreement over asylum and migration matters an unlikely prospect for the time being. Yet, as neighbours, the EU and the UK will continue to depend on each other to pursue their respective policy objectives in migration and asylum. So, despite living separately and facing numerous unresolved tensions, the EU and the UK can and should pursue a post-Brexit cooperation framework in these matters. Otherwise, they will both be worse off. As a first step, the two sides should focus on rebuilding trust. This can be achieved by pursuing less contentious goals within immediate reach, such as enhanced anti-smuggling efforts, while also diffusing political tensions across the board. Once an atmosphere of sincere cooperation is restored, as a second step, the EU and the UK should define a broader and more ambitious partnership. Safe and legal channels from the EU to the UK should be re-established. At the same time, equitable solutions for facilitating the return of third-country nationals from the UK to the EU, in full respect of procedural safeguards, should also be found. Although reciprocity would have to be at the heart of this new arrangement, the EU and the UK should go beyond a transactional approach, particularly by strengthening protection pathways and burden-sharing solutions, including with third countries, in line with their international commitments. The European Commission should take the lead in the negotiation of a post-Brexit EU–UK cooperation framework. This would allow the EU to speak with one voice and pursue clear and coherent objectives across the different policy areas concerned. The newly established EU–UK Parliamentary Partnership Assembly should also be involved in the negotiations, helping to democratise the process and achieve a more balanced relationship in the interests of both sides.
Topic:
International Cooperation, Migration, European Union, Brexit, and Asylum
Political Geography:
United Kingdom and Europe

13. From Fear to Solidarity: The Difficulty in Shifting Public Narratives about Refugees

Author:
Natalia Banulescu-Bogdan
Publication Date:
05-2022
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
Refugees and asylum seekers are alternatively depicted as heroes or security threats, victims or exceptional workers, exemplary neighbors or opportunists. And though public narratives are sometimes described as a binary, in reality, people can hold multiple, competing beliefs and opinions about forced migration and its impacts on society. They may, for example, experience pride in their country’s humanitarian response and compassion for refugees alongside anxiety over changing cultural norms or fear of competition for scarce jobs, each of which can become more or less salient under different circumstances. These public attitudes can create or constrain the space needed for sensible and creative policy responses, as well as community cohesion. As a result, governments, international organizations, and advocates have invested in myriad programs and campaigns to bolster solidarity and defuse negative reactions to forced migrants. Yet, as this study discusses, changing people’s minds is far from straightforward. This report—the first in the Beyond Territorial Asylum: Making Protection Work in a Bordered World initiative led by MPI and the Robert Bosch Stiftung—examines the different narratives that tend to emerge in communities welcoming forced migrants, looking at a variety of geographic, socioeconomic, and historical contexts. It also explores two categories of interventions that aim to address negative narratives about refugees and asylum seekers: information campaigns that aim to defuse threat narratives and “contact-building” initiatives that seek to build connections between refugees and host communities. The report concludes by offering strategies to promote solidarity and mitigate tensions.
Topic:
Immigration, Employment, Refugees, Economy, Asylum, Integration, Social Cohesion, COVID-19, and Labor Market
Political Geography:
Europe

14. THE MIGRATION STRATEGIES AND POSITIONS ON THE EU MIGRATION AND ASYLUM AGENDA: EVIDENCE FROM THE VISEGRAD GROUP COUNTRIES

Author:
Tomáš Kajánek
Publication Date:
12-2022
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
At the time of the outbreak of the migration crisis in Europe, the Visegrad Group gained the status of the EU troublemaker due to its opposition to the solidarity and cohesion mechanisms adopted on the European level. The migration strategies (not only) of the individual states of the grouping proved insufficient and unfeasible in times of crisis. However, in the case of the Czech Republic, Hungary, Poland and the Slovak Republic, the absence of national mechanisms and solutions was partially replaced after 2015 by joint declarations and statements rejecting active cooperation in resolving migration and asylum pressures within the EU Single Market. Despite failing to manage migratory pressures since 2015, four Central European countries have not learned their lessons and will face unprecedented crises in 2022 again. This time, however, Visegrad countries became the first-line countries affected by the refugee crisis. The migration and asylum agenda is thus becoming an extremely complex problem within the Visegrad Group region due to the initially intense politicization of the topic by the government elites in individual states. The paper analyses the migration strategies of individual states and the migration and asylum management-related positions after the migration crisis in 2015 and the sequence of events associated with the outbreak of armed conflict in Ukraine in early 2022.
Topic:
Migration, European Union, Asylum, and Visegrad Group
Political Geography:
Europe

15. EU–Africa Partnership on Migration and Mobility in Light of COVID-19: Perspectives from North Africa

Author:
Mehdi Lahlou
Publication Date:
02-2021
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
The coronavirus pandemic has turned into a global economic crisis with severe social effects in the least developed countries, particularly in Africa. Pre-existing challenges related to widespread poverty, demographic growth, food insecurity and governance issues have been exacerbated by the pandemic. While migration remains one of the key elements of the partnership agenda between Africa and the European Union, the aggravating socioeconomic situation in the African continent due to the impact of COVID-19 and its implications for migration dynamics requires going beyond business-as-usual approaches. The renewed scenario calls for a more comprehensive and development-oriented approach to migration, requiring new policy initiatives addressing the wider set of conditions that, beyond constituting developmental challenges in their own right, also drive migration in North Africa as well as in Sub-Saharan African countries.
Topic:
Economics, Migration, European Union, Mobility, Asylum, and COVID-19
Political Geography:
Africa, Europe, and North Africa

16. A “New” pact on Migration and Asylum? The European migration policy path-dependency

Author:
Agathe Helluin
Publication Date:
09-2021
Content Type:
Policy Brief
Institution:
Europeum Institute for European Policy
Abstract:
Agathe Helluin has written a Policy Brief on "A New Start on Migration": this is how the European Commission described the new pact on migration and asylum presented at the 2020 State of the Union speech in September. This new pact undoubtedly captures the expectation that the EU will fully reshape its migration policy by recognising its limits and shortcomings.
Topic:
Migration, European Union, Borders, Asylum, and European Commission
Political Geography:
Europe

17. Humanitarian VISAs

Author:
Eleni Kritikopoulou
Publication Date:
05-2021
Content Type:
Working Paper
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
The X and X decision of the European Court of Justice highlighted the gap in current EU law regarding human rights protections in entry procedures. Currently over 90% of those granted refugee status in the EU arrive through irregular means. There is an increasing need for a new form of visa, specifically to accommodate humanitarian matters, which are not currently covered by the pre-existing Schengen rules. For limited numbers, consulates of EU states would be empowered to issue Visas for asylum seekers in order to legally cross EU borders to launch an asylum application. Research shows that the economic costs for the implementation of this humanitarian visa system would be minimal and that the political and humanitarian benefits would be significant.
Topic:
Human Rights, Migration, European Union, and Asylum
Political Geography:
Europe

18. EU return sponsorships: High stakes, low gains

Author:
Florian Trauner and Olivia Sundberg Diez
Publication Date:
01-2021
Content Type:
Working Paper
Institution:
European Policy Centre (EPC)
Abstract:
The concept of ‘return sponsorships’ is the most novel of the New Pact on Migration and Asylum’s proposals. It is also proving to be one of the most controversial in the negotiations. With this proposal, the Commission set out to resolve the discussion between member states on responsibility-sharing in migration matters, and simultaneously increase the number of migrants returned to their country of origin. Under the new scheme, member states would have to support other EU countries facing migratory pressure. If, however, they oppose the option of relocating asylum seekers, they can ‘contribute’ by facilitating the returns of migrants who lack permission to remain in Europe instead. But making this idea work in practice will not be straightforward. In unpacking the return sponsorship mechanism, Olivia Sundberg Diez and Florian Trauner have reached the following five conclusions: 1) Existing conflicts between member states over responsibility-sharing will not be settled but transposed onto discussions about the precise requirements of return sponsorship, in particular, the transfer of migrants within Europe if returns are unsuccessful. 2) The flexibility embedded in the solidarity mechanism comes at the expense of tangible support for EU border states, who continue to shoulder a disproportionate amount of the responsibility to receive and process new arrivals. 3) Matching the preferred contributions of a sponsor with a border state’s needs will be extremely complex in terms of administration, and effective enforcement tools are lacking. Repeated delays and the politicisation of solidarity processes are likely, giving member states many opportunities to shift and shirk their responsibilities. 4) Return sponsorships may create new human rights risks for migrants ordered to return, both in and outside of the EU. 5) The return sponsorship concept relies on returns being done faster and in far greater numbers. This is far from certain: many third countries, for one, will remain reluctant to readmit their own nationals. The Commission is taking a considerable risk with the return sponsorship proposal while the potential gains are modest. If the proposal is to move forward, negotiators should prioritise strengthening the predictability and tangibility of support provided by the solidarity mechanism to the EU’s border states, ensure that return sponsorships do not lead to new human rights violations, and avoid inflated expectations regarding the impact of the growing use of conditionality on returns.
Topic:
Human Rights, Migration, European Union, Borders, and Asylum
Political Geography:
Europe

19. Possibilities for Epistemic Violence in Asylum Process: Lessons From the Case of Finland

Author:
Katri Gadd and Laura Lehtikunnas
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
The Rest: Journal of Politics and Development
Institution:
Centre for Strategic Research and Analysis (CESRAN)
Abstract:
In 2015, Europe noticed that the Common European Asylum System malfunctions in “crises”-like-situations. With the New Pact on Migration and Asylum, the European Union (EU) tries to ensure an efficient and humane migration management. Migration being a highly polarising issue, fuelled by populist rhetoric, migration policies must be founded on scientifically discovered implications of the policies. Here, we evaluate the Finnish asylum process through analysing the legislation, legal practice and 70 former asylum seekers’ experiences. We merge these viewpoints through the concept of epistemic violence understood as failures in linguistic exchanges harming the speaker. We examine whether the legal amendments in Finland, increased the possibilities for epistemic violence in the asylum process. At worst, epistemic violence results wrongly motivated decisions in asylum cases. Based on the case of Finland, this paper argues that more research is needed in times of efficiency pressure regarding asylum processes and overall contestation related to the legitimacy of the EU migration policies.
Topic:
Migration, Regional Cooperation, European Union, Violence, and Asylum
Political Geography:
Europe and Finland

20. EU Strategy on Voluntary Return and Reintegration: Crafting a Road Map to Better Cooperation with Migrants’ Countries of Origin

Author:
Camille Le Coz
Publication Date:
05-2021
Content Type:
Policy Brief
Institution:
Migration Policy Institute (MPI)
Abstract:
The return of irregular migrants and asylum seekers whose claims are denied and their sustainable reintegration into origin-country communities have long been priorities for many European policymakers. This has been driven by concerns about low rates of return among those ordered to leave and the implications of this for EU migration and asylum systems. Some are also concerned about the manner in which returns are carried out, with research suggesting that voluntary returns are both more humane and less costly than forced returns. In April 2021, the European Commission published its first EU Strategy on Voluntary Return and Reintegration. The strategy lays out principles to strengthen European assisted voluntary return and reintegration (AVRR) programs, increase voluntary returns, and improve the return process and post-return reintegration assistance. To achieve the strategy’s objectives, European policymakers will need to invest in an often-neglected dimension of AVRR—cooperation with migrants’ countries of origin. This policy brief explores the ways in which origin- and destination-country priorities on returns diverge, opportunities for cooperation where their interests align, and possible next steps for building on the principles outlined in the EU strategy.
Topic:
Development, International Cooperation, International Organization, European Union, Refugees, Asylum, Deportation, Remittances, and Immigration Policy
Political Geography:
Europe