The Twenty-Seven reached an agreement this Monday which relaxes the rules on safe third countries and the conditions for the return of speed up expulsions of asylum seekers those to whom reception is refused. In this way, among other things, the “link” between the migrant and the country to which he is returned will no longer be obligatory or even bilateral agreements to outsource reception could be validated, as Italy has attempted with Albania.
The Minister of the Interior, Fernando Grande-Marlaska, made it clear upon his arrival at the meeting of EU ministers in Brussels that Spain opposed these changes, not only because it doubted their effectiveness, but in case of doubt about its compatibility with Community and international human rights law.
Concretely, the ministers agreed on what their red lines will be in the negotiations with the European Parliament on the final form of the return directive and with which they will help European governments to be able to negotiate bilaterally. agreements with third countries to establish reception centers thereso that they can transfer migrants there who have been denied asylum but are still waiting to be deported to a safe country.
The reform that will strengthen the migration and asylum framework that the European Union has put in place also provides for more severe sanctions against migrants who do not have the right to stay in the EU but who refuse to be deported, for example with longer detention periods. The ban on returning to the EU following an expulsion decision will also be extended.
The Council’s position in fact provides for measures against those who do not cooperate, such as the refusal or reduction of subsidies, the withdrawal of work permits and even prison sentences in the most extreme cases. Regarding the entry veto, countries are in favor of it in the case of people who represent a security risk The entry ban becomes unlimited.
Furthermore, in order to speed up these expulsions, the 27 also reached an agreement in principle regarding to the notion of “safe third country” to which Member States can expel irregular migrants on their territory without there being a need for a link between the migrant and the place to which he or she is transferred.
On this subject, Grande-Marlaska warned upon his arrival at the meeting that “breaks with the integrity of the migration pact before it begins” and highlighted the legal doubts about whether this redefinition of the concept of safe third country respects the rights and obligations of those seeking international protection. During the public debate between ministers, other delegations such as that of Portugal and France expressed reservations due to the political, social and constitutional impact, but this did not prevent a position that counts with the support of a “large majority”, As the Danish minister confirmed, he will hold the rotating presidency of the Council this semester.
With this agreement, the 27 also gave their support to the first list of countries proposed by Brussels. consider safe third countries across the EU – which does not prevent Member States from going further – and which includes Morocco, Colombia, Bangladesh, Egypt, India, Tunisia and Kosovo, as well as, with possible exceptions, all the candidate countries for membership of the community club.
Distribution of migrants between Member States
Finally, another key to immigration reform that remains to be completed within the European Union is the solidarity mechanism by which quotas for relocation of migrants between Member States of those who experience greater migratory pressure.
This instrument will not start before the Migration Pact is fully in force – in principle next June – and Brussels has identified for the first time that the countries which can ask for solidarity from their partners being Spain, Italy, Greece and Cyprus; because these four countries are subject to greater migratory pressure.
The Community Executive may propose during each financial year the relocation of up to 30,000 migrantswith the possibility that the countries most reluctant to welcome some of these people will propose alternative compensatory measures up to a maximum of 600 billion euros. However, the distribution agreed by governments – with Spain abstaining – reduces this quota to a total of 21,000 relocations or compensatory measures of up to 420,000 million euros. This quota would apply in 2026, but would only cover the second half of the year since the Pact will not be fully in force before that date.
Although global numbers have exceeded limits, the number of countries that have agreed to take in displaced people and how many have offered to pay compensation or alternative measures remains classified and will not be known until it is formally adopted and published, probably before the end of 2025.
In any case, the Spanish minister expressed his dissatisfaction with the agreement, without revealing it. how many migrants will be relocated from Spain -if they are-, nor where, and he limited himself to deploring in his statements upon his arrival at the meeting that “the solidarity contingent cannot become a haggling of numbers”.
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