EU: 'Instrumentalisation' Regulation: latest Council Presidency compromise text
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Country/Region
25 November 2022
On 21 November, the Czech Presidency of the Council of the EU circulated an updated compromise text of the proposed 'Regulation addressing situations of instrumentalisation in the field of migration and asylum'.
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Image: Kancelaria Premiera, CC BY-NC-ND 2.0
One substantial change compared to the previous version of the text is the removal of an obligation to continue applying derogations to EU asylum law to people in the asylum procedure even after the derogation itself has been terminated.
Now, the Presidency is proposing making it optional:
"Member States may continue to apply the procedural derogations set out in the Council implementing decision referred to in paragraph 3 in respect of those applicants whose applications for international protection have been registered in accordance with this Regulation until a final decision is taken on their application or until the third-country nationals concerned are returned in accordance with Article 4."
Documentation
- Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL addressing situations of instrumentalisation in the field of migration and asylum - Presidency compromise text (Council doc. 14796/1/22 REV 1, LIMITE, 21 November 2022, pdf)
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Further reading
Council seeks to water down human rights safeguards in migration “instrumentalisation” rules
References to child’s best interest and non-refoulement removed; derogations could be applied to people “disembarked following search and rescue operations”.
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