Asylum policies have been a point of contention in the European Union (EU). The 2024 European Parliamentary elections mark a critical juncture for the European Union’s asylum policies, with the potential to shape the lives of refugees and asylum seekers and the cohesion and stability of the EU itself. Given the Parliament’s role in co-adopting legislation, the new configuration will significantly influence these policies, especially with the shift in power towards far-right groups such as the Patriots for Europe and the European Conservatives and Reformists (ECR).
Current measures: The EU Migration and Asylum Pact
In September 2020, the European Commission introduced the EU Migration and Asylum Pact, aiming to overhaul the system by enhancing solidarity and fair responsibility-sharing among member states. This Pact was finally adopted by the European Parliament in April 2024. While the Pact includes mechanisms to streamline and improve migration management, a critical examination from a human rights perspective raises concerns about the potential impacts on refugees and asylum seekers.
Central to the Pact is the mandatory solidarity mechanism, which requires member states to contribute by either relocating asylum seekers, providing financial support, or offering operational assistance. While this could theoretically lead to a more equitable distribution of responsibilities, it risks reducing the protection of asylum seekers to a transactional process, potentially undermining the principle of solidarity that prioritizes human dignity and rights.
The Pact’s screening regulation introduces a pre-entry screening process aimed at identifying individuals likely to be granted asylum. While expediting processing can reduce the time asylum seekers spend in uncertainty, there is a risk that accelerated screenings may compromise thoroughness and fairness, potentially leading to wrongful rejections and violations of the right to seek asylum.
The crisis and force majeure regulation establishes measures to support member states during extraordinary migration pressures. However, flexibility in crisis management should not come at the expense of the rights and protections owed to asylum seekers and refugees. Ensuring that human rights standards are maintained during crises is essential to prevent the erosion of protections in times of increased pressure.
Enhanced border procedures, including stricter and faster processing of asylum seekers at external borders, aim to reduce delays and improve efficiency. However, these measures also raise significant human rights concerns. Rapid processing may not allow for adequate consideration of individual cases, particularly for those from countries with low recognition rates. This could result in unfair treatment and potential refoulement, where individuals are returned to situations of danger.
The return sponsorship mechanism enables member states to assist each other in returning migrants who do not have the right to stay in the EU. While this seeks to alleviate the burden on frontline states, it also highlights the EU’s focus on returns over protection. Ensuring that return procedures are conducted with full respect for human rights and the principle of non-refoulement is crucial to prevent unjust or inhumane treatment.
Despite these mechanisms aiming for a more efficient and cohesive system, the EU Migration and Asylum Pact must be implemented with a steadfast commitment to human rights principles. Protecting the rights and dignity of asylum seekers and refugees should remain at the forefront of EU policies. The risk of procedural efficiency overshadowing human rights protections is a critical concern that needs to be addressed to ensure the EU remains a beacon of refuge and support for those fleeing persecution and conflict.
In essence, while the EU Migration and Asylum Pact introduces several mechanisms intended to streamline migration management, these measures must not compromise the fundamental rights of asylum seekers and refugees. Upholding human rights, ensuring fair and thorough procedures, and maintaining high standards of protection must be the guiding principles in the implementation of the Pact. As Europe continues to navigate complex migration challenges, the need for humane, fair, and rights-based asylum policies remains more pressing than ever.
Post-2024 election landscape
The rise in far-right groups indicates possible setbacks for asylum and refugee policies. Far-right parties typically hold strong anti-illegal immigration and refugee stances, viewing immigrants as a threat to the EU. Far-right parties, including the newly formed Patriots for Europe, have increased their representation, advocating for stringent immigration controls and a restrictive approach to asylum. The MEPs of the new party, such as Andrej Babiš and Harald Vilimsky, have openly announced that they aim to push for firmer measures against illegal migration, including stricter asylum-seeking procedures. Similarly, the ECR group pushes for “safeguarding” EU borders by enhancing Frontex’s role.
The European People’s Party (EPP), which generally adopts a centrist liberal-conservative approach, has traditionally supported more conservative stances on immigration and asylum. Their manifesto suggests a securitization approach similar to the ECR, proposing to triple Frontex’s staff and increase its budget. Moreover, the party was a strong proponent of the controversial EU Migration and Asylum Pact. At the same time, Isabel Wiseler-Lima, the EPP Group leader for the human rights committee, has admitted that the Pact is not perfect and that more needs to be done. As a result, there is a chance that the party may take a more leftist approach to migration. Nevertheless, in their manifesto, the party has described supporting cooperation with third countries, a system very similar to the United Kingdom’s Conservative Party’s controversial Rwanda model. As a result, it is unclear exactly in which direction the EPP, the biggest party of the European Parliament, could steer migration and asylum procedures. A strong EPP showing could result in stricter border controls and more robust mechanisms for returning unsuccessful asylum seekers, especially if they collaborate with ECR.
Left-leaning parties, which advocate for more humane asylum policies, have slightly weakened their stance, albeit less than projected. The Progressive Alliance of Socialists and Democrats (S&D) supports more inclusive and humane asylum policies. The re-elected party leader Iratxe García Pérez highlights the need to collectively manage migration and reform the Dublin Regulation to ensure an equitable distribution of asylum seekers among member states. Similarly, the Green Party emphasizes a rights-based approach to asylum. Their manifesto includes support for ending the criminalization of asylum seekers and calls for an EU-funded and EU-led Search and Rescue Mission in the Mediterranean. Moreover, they have criticized the externalization of Europe’s borders through deals with third-party countries.
Renew Europe (RE) holds a centrist position, advocating for pragmatic solutions to asylum challenges. They support strengthening external borders while ensuring fair and efficient asylum procedures.
Ursula Von der Leyen, the re-elected President of the European Commission, outlined her vision for the next five years in the “Political Guidelines for the Next European Commission 2024−2029.” Her proposals aim to address the complexities of asylum policies amidst rising political tensions and humanitarian concerns.
Von der Leyen’s guidelines emphasize the need for robust and efficient border management. This includes increasing the capacity and capabilities of Frontex, the European Border and Coast Guard Agency, to ensure better control of the EU’s external borders, aiming to prevent irregular migration while facilitating legal pathways for those needing protection. To address the root causes of migration and improve asylum flow management, Von der Leyen highlights the need for enhanced cooperation with third countries, in line with the EPP’s views.
A cornerstone of Von der Leyen’s proposal is the reform of the Common European Asylum System (CEAS). She advocates for harmonizing asylum procedures across member states to ensure fairness and efficiency. The proposed reforms include establishing a unified asylum procedure, improved reception conditions, and a fairer distribution mechanism to alleviate the burden on frontline states.
The implementation of these proposed policies is likely to face several challenges and controversies, given the divergent views within the European Parliament and among member states. Member states have historically had varied interests and capacities regarding asylum policies. Countries like Italy and Greece, which are on the frontline of migration routes, often bear a disproportionate burden, while states in Central and Eastern Europe have been resistant to mandatory quotas for relocating asylum seekers. Reaching a consensus on responsibility-sharing mechanisms remains a contentious issue.
Impact of Political Confrontation on Humanitarian Situation
The political confrontation between left and right factions in Europe significantly impacts the humanitarian situation of refugees and undocumented individuals within the EU. Right-wing parties advocate for stringent anti-immigration policies, leading to prolonged detentions and insufficiently thorough asylum assessments. According to a 2023 ECRE report, over 30% of asylum seekers face extended detentions in substandard conditions due to accelerated border procedures.
In contrast, left-leaning parties emphasize humanitarian principles, advocating for better integration and reception conditions. However, their influence is often limited by political stalemates, resulting in inconsistent policies. A 2022 FRA study found that over 50% of refugees faced barriers to accessing education and healthcare due to these inconsistencies.
The political divide also worsens the situation for undocumented individuals, with stricter enforcement leading to increased vulnerability. The ENAR reported a 25% rise in racial profiling and discrimination against undocumented migrants in 2023.
Humanitarian organizations express deep concerns over these trends. “The EU’s approach to migration is increasingly becoming a game of political football, where the rights and dignity of asylum seekers and refugees are often sidelined,” stated Dunja Mijatović, the Council of Europe’s Commissioner for Human Rights. This highlights the urgent need for a balanced approach that upholds human rights amidst political debates.
In conclusion, the push for stricter controls by right-wing parties contrasts with the left’s call for humanitarian reforms, creating an unstable environment for refugees and undocumented individuals. A cohesive, rights-based asylum policy that transcends political divisions is critically needed to maintain the EU’s humanitarian values.
