With the EU moving into a decisive phase of implementing its Asylum and Migration Pact, the debate over migrant returns and the use of “safe third countries” is heating up. Critics warn the approach could erode the right to asylum, while supporters say the reforms are needed to restore credibility and efficiency. “Both instruments are about making procedures work,” said MEP Lena Düpont, the European Parliament’s lead negotiator on the file.
Ms Düpont (EPP/GE), the European Parliament’s rapporteur on the file, explains to EU Perspectives why the coming months are crucial, and defends the EU’s approach as both fair to those in need of protection and firm with those without the right to stay.
Several stakeholders, NGOs, and Members of the European Parliament warn that the legislation could signal the end of meaningful access to asylum in the EU. How do you respond to these criticisms? Why should this not be seen as the start of a broader externalisation of the EU’s asylum system?
Neither the list of safe countries of origin nor the concept of safe third countries breaches or undermines international law. Saying otherwise is simply false.
In fact, both instruments are about making procedures work. They will speed up asylum procedures and increase the efficiency of processes, instead of leaving people in a legal limbo for years because of overstretched systems and capacities.
The minority position regarding the file said that the removal of the connection between an applicant and a third country is particularly problematic. How can the EP prevent the risk of instrumentalization by third countries?
The connection criteria is not removed, as they said, it is just no longer mandatory. Which by the way is the current international legal standard. This allows Member States to use it more flexibly when establishing inadmissibility.
Only one in five returnees actually leave the European Union.
With regard to third countries, a comprehensive approach via various EU tools is of utmost importance, if we want to make full use of our leverage.
The newly published visa strategy or the tools for neighbourhood policies and economic development go in that direction and will help us coordinate our policies at EU level.
You might be interested
How does the EP ensure that “increasing returns“ will be handled fairly and with the right approach – without leaving anyone behind?
Our policy is based on the understanding of an asylum policy that is fair to those in need of protection and firm with those who do not have a right to stay on that ground.
Granting protection and enforcing returns are actually two sides of the same coin. The current system of returns within the European Union is shattered across and within Member States. Which leads to the fact that only one in five returnees actually leave the European Union, leaving clear room for improvement.
That said, a return decision is always the result of a due process in Member States according to national, European and international legal obligations and standards.
How important will the coming months be for the EU’s asylum and migration policies?
As we are heading towards the implementation deadline for Member States as regards the Asylum and Migration Pact, the next weeks and months are of utmost importance for both the European and national level.
Moreover, we are advancing on the negotiation of the return files so that the comprehensive approach on asylum and migration enters into force ideally at the same time.
