Migración y asilo - Related Opinions
This opinion will focus on three of the nine instruments contained in the New Pact on Migration and Asylum released by the European Commission in November 2020. The opinion deals with: i) the new screening regulation; ii) the amended proposal revising the asylum procedures regulation; iii) the amended proposal for a recast Eurodac regulation.
The EESC stresses that ensuring balance in dealing with asylum applications should not have to be the responsibility of individual Member States alone, but should be managed by the EU as a whole. It recognises the importance of the proposals having the legal status of a regulation – as opposed to a Directive. The EESC is pleased that the regulations invoke the principles of solidarity and fair sharing of responsibility, but this burden is not sufficiently balanced. Solidarity needs to be binding, in the form of mandatory relocations.
In this opinion, the EESC stresses that the EU needs to strike the right balance between effective and realistic migration management that is humane and sustainable, while ensuring security and control of its external borders. It must send a clear message that migration can be better managed collectively. It notes that the proposals accompanying the PMA are important but insufficient for the development of the common European framework for migration management, which would be both effective and in line with the EU's values and objectives.
This opinion, requested by the German Presidency of the Council, makes the following main recommendations:
- data collection and monitoring of diversity policies in the labour market must be improved at all levels;
- the principles of diversity management must be integrated into EU rules and generalised;
- more funds should be allocated to diversity management, in order to support the work of civil society organisations working with racialized groups and the diversity policies put in place by the social partners;
- to tackle the underutilisation of migrants' skills and increase their participation in the labour market, these need to be further recognised. In addition, migrants should benefit from free and universal training, including language courses;
- migrants should be active, not only in the labour market, but also in politics;
The EESC describes integration as a dynamic process, involving both migrants and the receiving society. It believes that migration challenges should be addressed in a holistic manner. Gender equality should become one of the key pillars in integration. Migrant families and parents should be involved in the local and school community as from the early stages of reception. On language training, the EESC believes that this should foresee cultural exploration and involvement in the community and society, as well as guidance and information to migrants on the advantages and the aims of language training. In view of the disparities that exist in Member States with regard to language teaching, the EESC calls for common EU guidelines for language training, which can help ensure a unified and holistic approach.
In this own-initiative opinion, the EESC calls on the European Union to develop a coherent and uniform approach to protecting unaccompanied foreign minors in Europe. It urges the European Commission to draw up a Directive on the protection of unaccompanied minors that serves the best interests of the child. The principle of "the best interests of the child" should take precedence over all other national and international law. The EESC calls on the Member States to evaluate minority based on a body of evidence, consisting principally of the declarations by the person in question, civil status documents presented and interviews with the person. Given that bone tests are not really reliable, the EESC calls for them to simply be stopped.
The EESC strongly supports the Commission's proposal – Next Generation EU – as a specific tool for a quick and effective recovery.
The EESC takes a very positive view of the Commission's two main decisions:
- to introduce an extraordinary financial recovery instrument as part of the multiannual financial framework
- to raise common debt, which will be repaid over a long period of time, and prevent the extraordinary financial burden from falling directly on the Member States in the short run.
The EESC strongly welcomes the fact that the newly proposed instrument should be closely coordinated with the European Semester process, and furthermore welcomes the Commission's proposal to introduce additional genuine own resources based on different taxes (revenues from the EU Emissions Trading System, digital taxation, large companies' revenues).
The EESC echoes the European Parliament's call to phase out all investor schemes and recommends that until then certain mitigation measures are put in place. Member States should be urged to apply a due diligence process without specific duration restrictions and adapted to the high-risk profile of applicants. A coordination mechanism should allow Member States to exchange information on successful and rejected applications for citizenship and residence permits. All agents and intermediaries providing services to applicants should be subject to anti-money-laundering rules as set out in the Fifth Anti-Money Laundering Directive. The EU should encourage all agents providing services to applicants to be accredited and subject to a code of conduct. Authorities should maintain primary responsibility for accepting or rejecting applicants. Authorities must also maintain a set of measures to avoid conflicts of interest or bribery risks.
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.