29 October 2020
ECRE's initial examination of the proposed Regulation on Asylum and Migration Management finds it to be complex, confusing, contradictory and conniving. The organisation argues that the proposal seeks to strengthen the role of DG HOME and internal security policies in relation to migration management.
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Editorial: RAMMing it Home: A New Low or the Climax of EU Law? (ECRE, link, emphasis added):
"As ECRE prepares its analysis of the legislative package, one of the proposals stands out due to its complexity and length. At 110 pages, including a long explanatory memorandum, the proposed Regulation on Asylum and Migration Management – the RAMM – is a package within the package. A sneak preview of ECRE’s analysis is offered here.
At first sight it is a dog’s dinner; on closer examination, it turns out to be a work of twisted genius. It takes irreconcilable positions, the constraints of international and EU law, including constitutional law, a set of bitter and deep and conflicting identity beliefs, and designs a legal instrument to move things forward.
It is full of pitfalls, traps and prisoner’s dilemmas for the Member States. As ECRE first argued, no-one will be pleased but the displeasure is only understood when looked at in detail. Nothing is what it seems.
The RAMM attempts to codify a non-comprehensive comprehensive approach and with it the role of DG Home and the dominance of narrowly defined internal “security” priorities in EU external affairs. It is not a gamechanger but creates a firmer footing for interior affairs policy-makers than the “Partnership Framework” which was an aspirational statement of intent. And “comprehensive” means limited, internal means external, and all the other misnomers, including the partnerships that involve one partner imposing its views on another.
As all students learn in EU Studies 101, the EEC was created to support peace in Europe. It does so through a model of “peace through bureaucracy”, turning conflicts between states into law, rules, policies, processes, institutions, and structures. One reading of the RAMM is a continuation of this approach, with the Commission attempting the impossible, finding a way out of the bitter battles among the Member States. On another reading, though, the full grotesquerie of Europe’s approach to forced migration is on display, including the way it balances up the categories of people."
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