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'.
Support our work: become a Friend of Statewatch from as little as £1/€1 per month.
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."
References to child’s best interest and non-refoulement removed; derogations could be applied to people “disembarked following search and rescue operations”.
After the ongoing politico-diplomatic clash between the EU and Belarus reached a peak in the summer of 2021, press attention turned towards the situation at the Polish-Belarussian border, where thousands of people arrived hoping to travel onwards to EU territory. However, the response from the Lithuanian authorities also merits examination: the country's efforts to prevent irregular arrivals have been widely supported by the EU, despite widespread allegations of fundamental rights violations.
In response to the arrival of thousands of people at the EU's borders with Belarus, the European Commission has published a raft of new proposals that would weaken asylum rights and strengthen border surveillance and controls. Described as “temporary” on 1 December, proposals published this week would allow their enactment whenever the Council deems migrants are being “instrumentalised” to “attack” the European Union.
Spotted an error? If you've spotted a problem with this page, just click once to let us know.
Statewatch does not have a corporate view, nor does it seek to create one, the views expressed are those of the author. Statewatch is not responsible for the content of external websites and inclusion of a link does not constitute an endorsement. Registered UK charity number: 1154784. Registered UK company number: 08480724. Registered company name: The Libertarian Research & Education Trust. Registered office: MayDay Rooms, 88 Fleet Street, London EC4Y 1DH. © Statewatch ISSN 1756-851X. Personal usage as private individuals "fair dealing" is allowed. We also welcome links to material on our site. Usage by those working for organisations is allowed only if the organisation holds an appropriate licence from the relevant reprographic rights organisation (eg: Copyright Licensing Agency in the UK) with such usage being subject to the terms and conditions of that licence and to local copyright law.