The protection of unaccompanied migrant minors in Europe (own-initiative opinion) - Related Opinions
The EESC notes that the Global Compact is a non-binding instrument that does not create new obligations for EU Member States and its content is fully in line with the principles and values of the European Union, most notably Article 2 of the Treaty on European Union, which includes – as its main values – respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. The EESC therefore regrets the fact that the Compact has not been approved by all Member States and recommends that the EU clarify and build on the Compact's objectives using appropriate mechanisms.
The EESC welcomes the Commission's efforts to speed up returns, but regrets that the recast was not supported by an impact assessment and/or public consultation on the existing Directive 2008/115/EC.
The EESC believes that an effective returns policy should be part of a truly common policy and legislation for legal migration and for asylum, which is currently missing, giving the impression that the EU adopts a purely security and policing-focused vision of migration as a criminal matter. Such a comprehensive common EU migration policy would also be the best answer to the extreme right-wing and nationalist discourse on migration.
The EESC welcomes the Commission's efforts to making the return procedure quicker and more efficient. Even so, consideration should be given to how realistic the proposed time-scales are and an assessment made of the obstacles that could frustrate this intention.
The Committee supports the European Commission proposal for the creation of a Union Resettlement Framework and calls for a genuine common asylum policy that respects European values. It calls for the common criteria for resettlement to focus on people's need for protection, not on the third country's effective cooperation on asylum and it considers the "first country of asylum" and "safe third country" concepts to be open to question due to the current unsafe and unstable situation in the third countries and regions concerned. The Committee calls for the resettlement programme to be uncoupled from partnership agreements that aim to encourage third countries to prevent refugees from fleeing, as this carries the risk of infringing international law and fundamental rights.
In this opinion the EESC supports further harmonisation of the Common European Asylum System (CEAS) and welcomes the proposed improvements. However, it is concerned about some limitations of fundamental rights of asylum seekers. It sets out specific recommendations on the three proposals for: the Qualification Regulation, the Common Procedure Regulation and the Standards of Reception Directive, taking into account the human rights perspective, in line with the opinion on CEAS Reform I.
An efficient reform of the Common European Asylum System (CEAS) is essential. While the EESC approves of the proposal to improve and speed up the determination of Member State responsible for examining an asylum application, it calls for including protective provisions on procedural issues, individual treatment of applications, maintenance of discretionary clauses, maintenance of the deadline for the cessation of obligation for a Member State to assume responsibility and the rights of applicants.
On 13 May, the European Commission presented a European Agenda on Migration outlining the immediate measures that will be taken in order to respond to the crisis situation in the Mediterranean as well as the steps to be taken in the coming years to better manage migration in all its aspects. The EESC welcomes the Commission's "European Agenda on Migration", which it believes symbolises a new-found understanding of the need to address migration at a European level, and encourages the Member States to collectively support the implementation of this Agenda.