Europe

Immigration: the European Union’s turn of the screw on the right to asylum

“A big, concrete step in the right direction. » This week, for the first time, the European Union tightened its migration policy, in this case in terms of asylum. MEP, member of the ECR group in the European Parliament, Marion Maréchal detailed the contours of the adoption of two texts which, according to her, reshape the doctrine of the EU. The president of Identity-Libertés welcomes six “victories” major.

First step forward: Member States will now harmonize their list of so-called “safe” countries. Asylum applications from these states will no longer be automatically admitted to the territory of the Union. Until now, everyone had their own list, opening the way to inconsistencies that some applicants could take advantage of. This common list should include around twenty countries. Marion Maréchal, however, insists on one point: it will be a matter of“a floor, not a ceiling”. The ECR group, to which Italian Prime Minister Giorgia Meloni also belongs, intends to continue to put pressure on this subject.

Legal obstacles?

Another notable change: appeals against a rejection decision will no longer be automatically suspensive. Previously, NGOs multiplied procedures in order to extend deadlines and prevent evictions. From now on, asylum applications can also be examined directly at the borders, which will facilitate refusals of entry. Applicants will also have to provide proof of the persecution they claim. Finally, the texts provide for the possibility of welcoming asylum seekers outside the territory of the Union, in third countries, like the Italian project carried out with Albania.

On the political level, the adoption of these two texts is the result of a coalition of the right in the European Parliament, nicknamed the “Giorgia coalition” by a close friend of Marion Maréchal, in reference to the “Ursula coalition” which traditionally designates the centrist alliance. The balance of power was comfortable: 396 votes for, 226 against and 30 abstentions. According to the MP’s entourage, this majority was formed thanks to the decisive support of the Patriots for Europe (the RN group), a large part of the EPP (the party of Ursula von der Leyen and the Republicans) as well as a majority of Renew, which abstained. The Europe of Sovereign Nations group, to which Sarah Knafo notably belongs, also voted in favor of the texts. A relative finally underlines the key role of the two rapporteurs, welcoming “their know-how in negotiating these relationships”.

Albanian experience of Italian centers already reveals persistent legal obstacles

Fundamentally, these votes undeniably mark a change in European migration policy. It remains to measure its concrete application. The example of “hubs” abroad provides an overview: the Albanian experience of Italian centers already reveals persistent legal obstacles. Outsourcing can work, as the Australian model has shown, but the constraints specific to the European Union, in particular the interpretation of the European Convention on Human Rights, risk limiting its scope.

THE geopolitologist Alexandre del Valle thus believes that “outsourcing the management of asylum applications” is a good idea. “While Australia has successfully implemented it, the European Union is hampered by such a tangle of rules and restrictive provisions that the task promises to be more complex,” develops the essayist. To come into full force, these new guidelines must be accompanied by an evolution in the interpretation of the European Convention on Human Rights. A first step has been taken, but the path remains winding.