On 20 April 2023, The European Parliament passed several proposals related to the New Pact on Migration and Asylum in the EU. The Members of European Parliament (MEPs) also agreed that interinstitutional negotiations between the European Commission, the Council of the European Union and the European Parliament could commence on all the 4 policy matters voted upon by the Parliament. These 4 proposals were: screening of third country nationals, asylum and migration management, crisis situation regulations, and long-term resident directive.
This vote on the above mentioned issues is not a sudden development but rather the result of the momentum that has been building up for several months, the most recent being the Special Meeting of the European Council in February 2023, where migration figured among the three salient policy areas that were discussed.[i] However, first, let us look at what constitutes the New Pact on Migration and Asylum to contextualize this vote by the MEPs.
New Pact on Migration and Asylum
The origins of the New Pact on Migration and Asylum can be traced back to 2015 when Europe experienced an unmanageable surge in refugee flows that creaked their system of asylum management as established by the Dublin system. According to the Dublin system, it is the frontline states, where a third country national lands, who have the onus of processing the claim for asylum and protection. Border states such as Greece, Italy, Malta and Spain have seen large influx of refugees and asylum seekers that have also led to a growing call for reform and burden sharing by other Member States of the EU. Burden sharing is an aspect on which not all Member States have agreed. Against this background, the European Commission (hereafter the Commission) presented a New Pact on Migration and Asylum in September 2020 that included a slew of legislative proposals to reform many aspects of the EU’s migration and asylum system. The salient proposals of this New Pact on Migration and Asylum included the following:
New Border Screening Procedures for Third Country Nationals- A new integrated screening procedure is envisaged for apprehending irregular migration in the EU.[ii] Additionally rules on which Member State (MS) is responsible for processing asylum have been adjusted to distribute the burden equitably among Member States.
Well Managed Schengen and External Borders- Greater EU coordination and equipping Member States to deal with emerging challenges with respect to EU’s common external and internal borders within the Schengen area.[iii]
Solidarity Mechanism with Member States facing many arrivals[iv]- The European Commission determines that a national system is under stress due to arrivals and lays down what other Member States need to do to help the Member State at risk. A rather controversial provision under this proposed mechanism is that the Member States have flexibility in deciding whether to participate in relocation or provide financial or logistical support. It has been criticized by certain civil society organizations on the ground that it allows EU countries to pick and choose asylum seekers and give financial help instead of hosting asylum seekers.
Attracting Skills and Talent[v]- Europe’s population is ageing and EU is facing a demographic decline and hence the emphasis is on attracting the high skilled talent. Reform of the EU Blue Card directive, revision of the Long-term residence directive, revision of the Single Permit Directive for low and medium skilled workers and setting up of EU Talent pool for matching the needs of EU employers with available workers was also proposed.
International Partnerships- Strengthening partnerships with key countries of origin and transit, creating avenues of opportunities for youth, and developing channels for safe, orderly and legal migration is another focus area.
Effective crisis response- Operational support to be available on request by Member State, faster return and relocation covering more categories of people and a clarity on people needing protection are part of the new proposal to build flexibility and resilience in EU’s crisis response.
Understanding the vote by MEPs
Even though the reform package titled as New Pact on Migration and Asylum was presented in 2020, progress has been expectedly slow into converting these set of proposals into law. Notwithstanding EU’s internal bureaucratic criterion that is time consuming, the year 2020 also corresponded with relatively low figures of arrivals in Europe due to the coronavirus pandemic. However, a surge in asylum claims and border crossings is being reported now. There has been a 64% surge in irregular border crossing and 46% surge in asylum applications.[vi] 330,000 irregular crossings were reported in 2022.[vii]This increase in arrivals especially along the Central Mediterranean and Western Balkan route has led migration to figure prominently in the EU policymaking yet again.[viii]
Some momentum on migration and asylum reforms was gained when France assumed the rotating Presidency of the Council of the European Union (hereafter the Council) in January 2022. The French presidency agreed on a gradual approach where individual proposals could be taken up rather than a package approach where all proposals are combined together. Further progress was made in September 2022, when the European Parliament and 5 rotating Presidencies of the Council namely- France, the Czech Republic, Sweden, Spain and Belgium signed an agreement to make all efforts to finalize the reform of the Migration and Asylum legislative framework before the end of the 2019-2024 legislative period.[ix] The elections to the European Parliament are due in 2024. Sweden currently holds the chair of the rotating Council Presidency and has a relatively hardline stance on migration issues. The impending elections has resulted in the Council and European Parliament working closely on these proposals before completion of the current term of the European Parliament. There is a political deadline against which the reforms on migration and asylum are currently being undertaken.
Hence, 4 key proposals were taken up for voting by the MEPs in the plenary session of the European Parliament on 20 April 2023, out of the many proposals that constitute the New Pact on Migration and Asylum. First, was the proposal pertaining to the screening of third country nationals. A decision was taken to start negotiation on this proposed regulation and it was confirmed with 419 votes in favour of the proposal (376 votes are needed for absolute majority).[x][xi] The proposed regulation aims at action being taken at EU borders with respect to those individuals who do not fulfill the entry conditions, and lays down procedures for identification, fingerprinting, security checks, and health assessment.
The second proposal voted upon was on the issue of asylum and migration management. The proposed regulation on asylum seeks to establish the ways and means of how the EU and its Member States will act to manage asylum. This proposed regulation on asylum and migration management will endeavour to augment the Dublin system that places the responsibility of processing asylum on frontline states. A binding solidarity mechanism has been introduced for countries experiencing sudden surge in migratory pressures instead of voluntary solidarity mechanism that constituted the original proposal.[xii]
The third reform, and one of the most discussed proposal, which was voted upon by MEPs, was the crisis situations regulation, which focuses on how to deal with sudden large-scale arrivals of third country nationals. In case of an emergency surge of arrivals faced by a Member State, the Commission would assess the situation and prescribe whether the Member State is in a situation of crisis. It will also authorize Member States to apply relevant temporary exceptions to EU rules. Mandatory relocations in crisis would be determined by the Commission, while all other relocations would be voluntary. It is to be noted here that mandatory relocations have always been a sticking thorn with EU Member States, and as a result voluntary relocation was substituted in the Commission’s proposal of September 2020. However, the provision of mandatory relocations again seems to be back on the table with the vote of MEPs, although in a compromised format of getting triggered only in crisis situations.
Additionally, the Parliament also endorsed a negotiating mandate for changes in the EU’s long-term resident directive. The proposed changes will make it easier for individuals to obtain EU long term residence permits after 3 years of legal residence in the EU, long term residents would be able to move to another EU country without any limitation, and their dependent children would automatically be granted the same status.
Following the vote on the Parliament, interinstitutional consultations would begin between European Parliament, Council and the Commission to reach a final agreement.
Concluding Remarks
EU’s migration policy has always been a contentious issue to negotiate. Political overtones of the issue and the division in the block between those who wish to follow a hardline on the matter as compared to those who do not ascribe for an overtly securitized migration debate has always made migration and asylum a difficult area to negotiate.[xiii] The EU Member States have always resisted giving more control to Brussels on the question of managing migration and asylum, keeping in mind their domestic considerations. Even the current list of regulations approved for negotiations as voted upon by MEPs have ruffled feathers in national capitals. Sweden which currently holds the rotating Council presidency has trouble brewing at home. Swedish Democrats that currently support the Centre-right coalition government in Sweden have declared that the party would withdraw support from the coalition if the government supported the current version of the Migration Pact.[xiv] Tackling mandatory relocations is going to be a tricky issue even though the mood after the vote in European Parliament seems to be of confidence that the proposed changes will sail through. Very limited time is left in the hand of negotiators till elections in 2024 to move ahead on the reform package, and it seems to be an ambitious race against time.
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*Dr. Surabhi Singh, Senior Research Fellow, Indian Council of World Affairs, New Delhi. She heads the Centre for Migration, Mobility and Diaspora Studies.
Disclaimer: Views expressed are personal.
Endnotes
[i] The other two areas of discussion being Ukraine Crisis and the state of economy.
[ii] European Commission (2023), “New Pact on Migration and Asylum”, Accessed on 24 April 2023, URL: https://commission.europa.eu/strategy-and-policy/priorities-2019-2024/promoting-our-european-way-life/new-pact-migration-and-asylum/stronger-trust-fostered-better-and-more-effective-procedures_en
[iii] ibid
[iv] ibid
[v] ibid
[vi] “Migration returns to the top of the EU's agenda, but the same old political divisions remain”, Euronews, Accessed on 8 February 2023, URL: https://www.euronews.com/my-europe/2023/02/07/migration-returns-to-the-top-of-the-eus-agenda-but-the-same-old-political-divisions-remain
[vii] “EU’s external borders in 2022: Number of irregular border crossings highest since 2016”, Accessed on 8 February 2023, URL: https://frontex.europa.eu/media-centre/news/news-release/eu-s-external-borders-in-2022-number-of-irregular-border-crossings-highest-since-2016-YsAZ29#:~:text=In%202022%2C%20around%20330%20000,64%25%20from%20the%20previous%20year.
[viii] Central Mediterranean Route refers to migratory route from countries in Africa such as Algeria, Egypt, Libya, Tunisia to European nations of Italy and Malta. Western Balkan route comprises of flows through the region: Albania, Bosnia and Herzegovina, Kosovo*, Montenegro, North Macedonia and Serbia in EU.
[ix] European Parliament (2023), “ Migration and Asylum- Roadmap on Way Forward”, Accessed on 24 April 2023, URL: https://www.europarl.europa.eu/news/en/press-room/20220905IPR39714/migration-and-asylum-roadmap-on-way-forward-agreed
[x]European Parliament (2023), “Ordinary Legislative Procedure” Accessed on 15 April 2023, URL: https://www.europarl.europa.eu/external/appendix/legislativeprocedure/europarl_ordinarylegislativeprocedure_glossary_en.pdf
[xi] In plenary, the European Parliament normally takes decision by an absolute majority of votes cast.
[xii] ibid
[xiii] ibid
[xiv] Euractiv (2023)” Swedish far right risks government collapse over EU Migration Pact”, Accessed on 27 April 2023, URL: https://www.euractiv.com/section/all/news/swedish-far-right-risks-government-collapse-over-eu-migration-pact/,Accessed