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Reforming asylum and migration management: A shift towards greater solidarity?

30-10-2020

In September 2020, the European Commission submitted a proposal on asylum and migration management, to replace the 2013 Dublin Regulation that determines the EU Member State responsible for examining asylum applications. While the proposal 'essentially preserves' the current criteria for determining this responsibility, it would also make changes and additions to the regulation, especially on solidarity and responsibility-sharing for asylum-seekers among Member States. The proposal comes after a ...

In September 2020, the European Commission submitted a proposal on asylum and migration management, to replace the 2013 Dublin Regulation that determines the EU Member State responsible for examining asylum applications. While the proposal 'essentially preserves' the current criteria for determining this responsibility, it would also make changes and additions to the regulation, especially on solidarity and responsibility-sharing for asylum-seekers among Member States. The proposal comes after a failed attempt to reform EU asylum policy following the 2015 migration crisis. While the migratory context has changed since, both in terms of arrivals and the composition of flows, the migration situation remains fragile, as evidenced by pressures on national asylum systems and continual disembarkations after search and rescue operations. According to the Commission, addressing this situation requires a relaunch of the reform of the common European asylum system to achieve a more efficient, fair and harmonised framework that is more resistant to future migratory pressures. The new system would ensure international protection to those who need it and be effective and humane towards those who have to be returned. First edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Key issues in the European Council: State of play in October 2020

15-10-2020

This EPRS publication, 'Key issues in the European Council', is updated quarterly to coincide with European Council meetings. It aims to provide an overview of the institution’s activities on major EU issues, by analysing twelve broad policy areas, explaining the legal and political background and the main priorities and orientations defined by the European Council in each field. It also assesses the results of European Council involvement in these policy areas to date, and identifies future challenges ...

This EPRS publication, 'Key issues in the European Council', is updated quarterly to coincide with European Council meetings. It aims to provide an overview of the institution’s activities on major EU issues, by analysing twelve broad policy areas, explaining the legal and political background and the main priorities and orientations defined by the European Council in each field. It also assesses the results of European Council involvement in these policy areas to date, and identifies future challenges in the various policy fields.

An EU mechanism on democracy, the rule of law and fundamental rights

02-10-2020

Article 2 of the Treaty on European Union (TEU) enshrines the Union's founding values. As these shared values are binding on Member States and the European Union (EU) institutions, several mechanisms have been created to promote them and ensure they are respected. EU institutions have made several proposals to strengthen the mechanisms. Parliament is due to vote during the October I plenary session on a legislative-initiative report proposing to integrate and reinforce them through an EU mechanism ...

Article 2 of the Treaty on European Union (TEU) enshrines the Union's founding values. As these shared values are binding on Member States and the European Union (EU) institutions, several mechanisms have been created to promote them and ensure they are respected. EU institutions have made several proposals to strengthen the mechanisms. Parliament is due to vote during the October I plenary session on a legislative-initiative report proposing to integrate and reinforce them through an EU mechanism on democracy, the rule of law and fundamental rights (DRF).

Reform of the Dublin system

30-09-2020

The refugee and migrant crisis in Europe has exposed the need for reform of the Common European Asylum System, in general, and of the Dublin rules, in particular. The Commission’s proposal of 4 May 2016 to reform the Dublin system would not change the existing criteria for determining which Member State is responsible for examining an asylum application. Instead of a fundamental overhaul of the Dublin regime, as suggested by Parliament, the Commission proposed to streamline and supplement the current ...

The refugee and migrant crisis in Europe has exposed the need for reform of the Common European Asylum System, in general, and of the Dublin rules, in particular. The Commission’s proposal of 4 May 2016 to reform the Dublin system would not change the existing criteria for determining which Member State is responsible for examining an asylum application. Instead of a fundamental overhaul of the Dublin regime, as suggested by Parliament, the Commission proposed to streamline and supplement the current rules with a corrective allocation mechanism. This mechanism would be triggered automatically were a Member State to be faced with disproportionate numbers of asylum-seekers. If a Member State decided not to accept the allocation of asylum-seekers from another one under pressure, a ‘solidarity contribution’ per applicant would have to be made instead. An agreement on the balance between responsibility and solidarity regarding the distribution of asylum-seekers will be a cornerstone for the new EU asylum policy. Although Parliament’s LIBE committee adopted its positon in autumn 2017, the Council has been unable to reach a position on the proposal. Third edition of a briefing originally drafted by Detelin Ivanov. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure. Please note this document has been designed for on-line viewing.

An EU mechanism on democracy, the rule of law and fundamental rights

30-09-2020

This European Added Value Assessment assesses the potential added value of an EU pact on Democracy the Rule of law and Fundamental rights covering all Member States as proposed by the European Parliament, comparing it to the European Commission's approach in its annual rule of law report, which only covers the rule of law and further integration requiring Treaty change. It concludes that the pact proposed by the European Parliament would lead to significant benefits in terms of more effective monitoring ...

This European Added Value Assessment assesses the potential added value of an EU pact on Democracy the Rule of law and Fundamental rights covering all Member States as proposed by the European Parliament, comparing it to the European Commission's approach in its annual rule of law report, which only covers the rule of law and further integration requiring Treaty change. It concludes that the pact proposed by the European Parliament would lead to significant benefits in terms of more effective monitoring and enforcement of EU values. An approximation of its potential positive effects on the EU economy indicates annual gains of €413 billion corresponding to 3.3 % of EU GDP, far outweighing the costs of its development.

In the name of COVID: An Assessment of the Schengen Internal Border Controls and Travel Restrictions in the EU

30-09-2020

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, assesses the mobility restrictive measures adopted by the EU and its Member States in the fight against COVID-19. It examines the reintroduction of Schengen internal border controls and intra- and extra-EU travel restrictions. It assesses their compatibility with the Schengen Borders Code, including proportionality, non-discrimination, privacy ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, assesses the mobility restrictive measures adopted by the EU and its Member States in the fight against COVID-19. It examines the reintroduction of Schengen internal border controls and intra- and extra-EU travel restrictions. It assesses their compatibility with the Schengen Borders Code, including proportionality, non-discrimination, privacy and free movement. The research demonstrates that policy priorities have moved from a logic of containment to one characterized by a policing approach on intra-EU mobility giving priority to the use of police identity/health checks, interoperable databases and the electronic surveillance of every traveller. It concludes that Schengen is not in 'crisis'. Instead there has been an ‘EU enforcement and evaluation gap’ of Member States compliance with EU rules in areas falling under EU competence.

Údar seachtarach

Sergio Carrera, Ngo Chun Luk

Hotspots at EU external borders: State of play

25-09-2020

The 'hotspot approach' was presented by the European Commission as part of the European Agenda on Migration in April 2015, when record numbers of refugees, asylum-seekers and other migrants flocked to the EU. The 'hotspots' – first reception facilities – aim to improve coordination of the EU agencies' and national authorities' efforts at the external borders of the EU, in the initial reception, identification, registration and fingerprinting of asylum-seekers and migrants. Even though other Member ...

The 'hotspot approach' was presented by the European Commission as part of the European Agenda on Migration in April 2015, when record numbers of refugees, asylum-seekers and other migrants flocked to the EU. The 'hotspots' – first reception facilities – aim to improve coordination of the EU agencies' and national authorities' efforts at the external borders of the EU, in the initial reception, identification, registration and fingerprinting of asylum-seekers and migrants. Even though other Member States also have the possibility to benefit from the hotspot approach, only Greece and Italy host hotspots. In Greece, the hotspot approach remains the key strategy in addressing migratory pressures. The EU-Turkey Statement of March 2016, closely linked to the implementation of the hotspot approach in Greece, led to a considerable drop in irregular migration flows from Turkey to the EU. However, returns of irregular migrants to Turkey – a cornerstone of the agreement – are low. The deteriorating relationship between Turkey and the EU is putting the agreement under increasing pressure. The hotspot approach was also set up to contribute to the temporary emergency relocation mechanisms that – between September 2015 and September 2017 – helped to transfer asylum-seekers from Greece and Italy to other EU Member States. Even though 96 % of the people eligible had been relocated by the end of March 2018, relocation numbers were far from the targets originally set and the system led to tensions with Czechia, Hungary and Poland, which refused to comply with the mechanism. Since their inception, the majority of the hotspots have suffered from overcrowding, and concerns have been raised by stakeholders with regard to camp facilities and living conditions – in particular for vulnerable migrants and asylum-seekers – and to gaps in access to asylum procedures. These shortcomings cause tensions among the migrants and with local populations and have already led to violent protests. On 8 September 2020, a devastating fire in the Moria camp, on Lesvos, only aggravated the existing problems. The European Parliament has called repeatedly for action to ensure that the hotspot approach does not endanger the fundamental rights of asylum-seekers and migrants. This briefing updates two earlier ones published in March 2016 and in June 2018.

The need for solidarity in EU asylum policy

23-09-2020

In early September 2020, a fire in the over-crowded migrant camp of Moria in Greece pushed thousands of people onto the streets, exacerbating the already dire conditions faced by asylum-seekers and migrants. The incident also shows the need to find a solution to a crisis of solidarity in EU asylum policy that has remained unresolved since the unprecedented influx of migrants into the EU in 2015. The European Commission presented a new Pact on Asylum and Migration on 23 September 2020. In that, it ...

In early September 2020, a fire in the over-crowded migrant camp of Moria in Greece pushed thousands of people onto the streets, exacerbating the already dire conditions faced by asylum-seekers and migrants. The incident also shows the need to find a solution to a crisis of solidarity in EU asylum policy that has remained unresolved since the unprecedented influx of migrants into the EU in 2015. The European Commission presented a new Pact on Asylum and Migration on 23 September 2020. In that, it puts forward a compromise on solidarity and fair sharing of responsibility for asylum-seekers among EU Member States.

The CJEU judgment in the Schrems II case

15-09-2020

In its July 2020 Schrems II judgment, the Court of Justice of the European Union (CJEU) declared the European Commission’s Privacy Shield Decision invalid on account of invasive US surveillance programmes, thereby making transfers of personal data on the basis of the Privacy Shield Decision illegal. Furthermore, the Court stipulated stricter requirements for the transfer of personal data based on standard contract clauses (SCCs). Data controllers or processors that intend to transfer data based on ...

In its July 2020 Schrems II judgment, the Court of Justice of the European Union (CJEU) declared the European Commission’s Privacy Shield Decision invalid on account of invasive US surveillance programmes, thereby making transfers of personal data on the basis of the Privacy Shield Decision illegal. Furthermore, the Court stipulated stricter requirements for the transfer of personal data based on standard contract clauses (SCCs). Data controllers or processors that intend to transfer data based on SCCs must ensure that the data subject is granted a level of protection essentially equivalent to that guaranteed by the General Data Protection Regulation (GDPR) and the EU Charter of Fundamental Rights (CFR) – if necessary with additional measures to compensate for lacunae in protection of third-country legal systems. Failing that, operators must suspend the transfer of personal data outside the EU.

Police Information Exchange - The future developments regarding Prüm and the API Directive

15-09-2020

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, aims to provide background information and policy recommendations concerning police information exchange and in particular the future developments regarding Prüm and the API Directive (Directive 2004/82/EC).

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, aims to provide background information and policy recommendations concerning police information exchange and in particular the future developments regarding Prüm and the API Directive (Directive 2004/82/EC).

Údar seachtarach

Dr Niovi VAVOULA, Queen Mary University of London

Imeachtaí atá ar na bacáin

09-11-2020
EPRS online Book Talk | The revolutions of 1989-90 thirty years on [...]
Imeacht eile -
EPRS
09-11-2020
Sexual harassment in the EU institutions - Public Hearing
Éisteacht -
FEMM
10-11-2020
The Annual Rule of Law Report by the Commission and the Role of National Parliaments
Imeacht eile -
LIBE

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