European Migration and Asylum strategy - Related Opinions

The EESC welcomes the proposed Home Affairs funds for migration, border management and internal security for 2028–2034, but warns that, taken together, they reflect a strong shift towards security and control that risks marginalising integration, inclusion and fundamental rights. While acknowledging the need for effective border management, returns and internal security, the EESC stresses that migration policy must prioritise legal, safe pathways, respect for EU and international law, and robust individual protection. The Committee calls for independent monitoring of fundamental rights at borders, stronger commitments to legal migration and integration, and strict human-rights compliance in cooperation with third countries. Ultimately, the EESC argues that the EU’s legitimacy in migration, border and security policies depend on its ability to defend democratic values and fundamental rights. 

The anti-smuggling package, proposed by the European Commission, comprises three elements: a proposed directive on countering migrant smuggling; reinforcing the role of Europol in combatting smuggling; and intensifying cooperation with partner countries to tackle this issue globally. The EESC adopted a favourable opinion on the package, acknowledging that combating migrant smuggling needs a new impetus and better coordination at all levels.  Although the EESC welcomes the directive, it warns that its content could seriously affect the fundamental rights of migrants, and those assisting them on humanitarian grounds. 

In this opinion, the EESC underlines that is highly important for the EU Talent Pool to be a practical, reliable, easy to use tool that is attractive for workers and employers and supports fair and ethical legal labour migration into the EU. It insists that skills and competences of workers from third countries should be assessed and swiftly validated to ensure that their skills are certified and they can obtain their qualifications when necessary.

The EESC welcomes the Integrated Border Management Strategy of the European Union as a management tool that seeks to improve coordination and Member States' shared objectives in relation to external borders. The Committee stresses the importance of having a shared strategy for the better management of external borders, ensuring the internal security of the European Union and the safety of its residents, as well as the protection of fundamental rights and guarantees for the free movement of people within the EU.

The EESC welcomes the Commission's proposal to amend the Anti-Trafficking Directive, as it agrees with the need for further progress and improvement in the fight against trafficking in human beings and the protection of victims. The gender dimension in the content and implementation of the directive should be strengthened, given that the vast majority of victims are women and girls. The EESC believes that the directive should pay greater attention to victims of trafficking, and wishes to highlight the Member States' obligation to care for and protect victims and ensure their social inclusion as far as possible.

The EESC welcomes the renewed EU action plan and the comprehensive approach it proposes. It considers it essential to combat migrant smuggling by means of a "whole-of-route" approach, including by improving judicial and police cooperation and cooperation and dialogue with neighbouring countries in the fight against smuggling networks. Safeguarding external borders is a priority for the European Union, but these must always be protected with respect for human rights and the inviolability of public international law. The EESC points out that protecting people and providing medical care and solidarity aid should not be criminalised and treated in the same way as smuggling networks. 

This opinion provides with the EESC's views on the new EU Strategy on voluntary return and reintegration, a key objective under the New Pact on Migration and Asylum. The EESC welcomes the strategy as a management tool that seeks to improve coordination and Member States' shared objectives in the field of migration governance. It also agrees with the Commission's approach of further reviewing and harmonising the existing instruments, in order to, among other things, improve the fragmented approach to the issue, reduce the costs of return and increase the funding allocated to programmes. The EESC however continues to hold the view that the strategic weakness of the European Union's immigration and asylum policy is its almost exclusive focus on tackling irregular situations, whether at the border or through voluntary and forced returns.

The EESC is deeply aware of the horror of human trafficking and the harmful consequences for its victims and supports all measures to fight and eradicate it. It supports the intention to establish minimum standards at EU level that criminalise the networks involved in trafficking and exploiting human beings, and the use of services arising from the exploitation of trafficking victims. The EESC proposes that involvement of CSOs and social partners be incorporated into the Strategy and that these organisations be properly supported.

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.