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 believes that the new regulations make a positive contribution to more effective EU border security. Nevertheless the EESC questions the effective implementation of the proposed new procedures and underlines that the effectiveness of the need to be constantly measured through systems monitoring respect for fundamental rights, particularly as regards the rights of vulnerable people.
Grúpa staidéir téamach um inimirce agus lánpháirtíocht (IMI) - Related Opinions
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.
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.