After eight months of debate, the Interior Ministers of the Twenty-Seven approved a regulation this Monday whose objective is to simplify and accelerate the expulsions of irregular immigrants, Spain voting practically alone.
The main novelty of the standard is that, for the first time, it gives legal coverage at EU level to the creation of migrant expulsion centers outside the community territoryon the model tested by the Italian Prime Minister, Giorgia Meloni, in its agreements with Albania.
In the public debate during which the agreement was formalized, no minister asked to speak to publicly express their rejection. However, upon his arrival at the meeting, the Minister of the Interior, Fernando Grande Marlaskaassured that Spain would vote against this initiative.
“I believe we are not alone, but that is not the debate. The debate is about maintaining a concrete, serious and motivated position over time,” Marlaska declared to justify her decision.
The minister stressed that “Spain is absolutely involved in the fight against irregular immigration”, but at the same time defends the fundamental values of the EU, in particular the human rights of migrants.
“There are many things that can be negotiated, agreements can be made; But questions of values, I think that’s a red line for us.“said Marlaska.
In contrast, the vast majority of European governments say that return regulations will improve the repatriation rate of irregular migrants (which now stands at just 20%), particularly those who pose a security risk.
The rule in question introduces the legal possibility of returning to a third country (other than that of origin) to people who are illegally in the EU and who have received a final return decision, on the basis of an agreement concluded bilaterally or at EU level.
In other words, it is a “variable geometry” model that can be used by interested governments and rejected by others.
At the same time, the 27 interior ministers – also against Spain – also approved the “safe third country” regulation, which will allow member states to expel migrants to third countries for process their asylum request there, even if they have no connection with them and have not transited through their territory to reach Europe.
It will be enough for the member state in question – or the European Union as a whole – to have signed an agreement similar to the one that Meloni’s Italy concluded with Albania.
Marlaska expressed “serious legal, political and economic doubts” about return centers, which could also cause a “negative impact” on bilateral relations with key partners in preventing irregular migration at origin.
This does not please the Sánchez government either the regulation does not provide for mandatory recognition of expulsion decisions at EU level issued in any Member State, as the current voluntary nature and fragmentation of the system will be maintained.
The Minister of the Interior also protested against the provision of the regulation which allows migrants to be detained for a period of two years, renewable for successive periods of six months. Spain considers this system to be equivalent to indefinite detention.
New regulation imposes obligation on migrants to cooperate with national authorities throughout the return procedure. Failure to comply will result in migrants facing additional sanctions such as fines, detention or extension of the detention period.
Forced expulsions will be mandatory when an irregular migrant in the EU does not cooperate, flees to another Member State, does not leave the EU within the deadline for voluntary departure or presents a safety risk.
“We are experiencing a high flow of irregular migrants and our countries are under pressure. Thousands of people are drowning in the Mediterranean or suffering abuse along migration routes, while human traffickers amass fortunes,” said the Danish Interior Minister. Rasmus Stoklund, whose country holds the current presidency of the EU.
“This shows that The current system generates perverse incentives and a strong pull effect, which are difficult to eliminate. “Denmark and most EU member states have championed the idea of processing asylum applications in safe third countries, to reduce incentives to undertake dangerous journeys to Europe,” Stoklund said.
Safe countries
The third piece of legislation on immigration that interior ministers approved this Monday is a common European list of countries of origin considered safe. Asylum applications from citizens of these countries will be processed in the EU in an accelerated manner because they will generally be refused.
In this case, Spain did not vote against. The list is made up of all candidate countries for entry into the EU, to which must be added Colombia, Morocco, Tunisia, Kosovo, Bangladesh, India and Egypt.
The three regulations – return, safe countries of origin and safe third countries – still need to be negotiated and approved by the European Parliament, although major changes are unlikely.
Finally, the interior ministers reached an agreement political agreement on the solidarity reserve which will be available in 2026 for countries suffering from strong migratory pressure: Spain, Italy, Greece and Cyprus. This is one of the main novelties of the European Pact on Immigration and Asylum, approved under the Spanish Presidency of the EU.
Interior ministers They agreed to distribute 21,000 plaintiffs asylum or to make a total financial contribution of 420 million euros. Each Member State will be free to decide whether it wishes to welcome migrants or opt for monetary compensation.
Under migratory pressure, Spain will not have to contribute but will rather benefit from this aid. However, Marlaska refrained from making this decision because he considered the offer insufficient.
The Minister of Inclusion, Security and Migration, Elma Saizwho also participated in the Brussels meeting, defended the Sánchez government’s commitment to a “humanist vision of immigration policy“.
“Spain is good proof that effective management of migration policy is perfectly compatible without losing sight of the central place of human rights,” said Saiz.
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