EU leaders must show courage on migration and asylum - Main contents

Most of the times I am a proud European. We Europeans have made our continent the best place to live on the planet. We achieved that with courage, vision and hard work.

But there are times when I am ashamed. This week is such a time. The most prosperous and civilised continent in the world, is unable to agree on policies for granting shelter to refugees. This week Europe sharply criticised Trump for the cruel and inhumane treatment of immigrant children. But in this same week, the government leaders decided to ditch agreed EU asylum and migration rules, that were ready to be voted. The package negotiated between Council and Parliament, would constitute an asylum and migration policy that would be both effective and decent, firmly rooted in EU treaties and laws, and elaborated in a transparent and democratic procedure.

Instead they are now considering solutions with euphemistic names like “disembarkation platforms”. In reality this is about obscure deals paying off countries outside the EU to solve our problems. Europe has over half a billion inhabitants, and we are the most prosperous continent in the world. What makes us think that countries like Libya, Tunisia or Egypt are able to manage a situation that Europe is unable to manage?

And what makes us think they are willing to do so? Why would they? Unless we are able to pay a very high price. Once again we will be lining the pockets of questionable and unstable regimes with billions of Euros. With such deals we will just contribute to further instability, conflict and violence, some of the very causes of migration. In some cases we are funding repressive governments while at the same time granting asylum to the refugees fleeing those same governments. We will also tie our own hands if we become dependent on such regimes to whom we are outsourcing the management of migration flows.

These plans will not stop people from coming. Instead it will just push up the rates of people smugglers. The anti-immigrant mood in Europe is manna from heaven for these criminals.

All the talk about “fully observing international standards” and “in full respect of human rights” has little practical value. Let’s not kid ourselves: life in those camps will be very rough, in particular for women, children, LGBTI people, religious minorities and other vulnerable groups. The result will be that their misery is not right under our noses, so that we are not directly confronted with the human cost of our policy choices. There will not be any political sense of urgency left to ensure decent reception conditions there, safe and legal passage to Europe, or a true Common European Asylum System. It is doubtful that the UN can exercise any meaningful form of oversight in these circumstances. It is easily forgotten, but there are already huge refugee camps in several countries in Africa and the Middle East, and they are struggling.

Despite all the talk of “our values” and respect for our legal system, the plans on the table lack any form of legal basis. Moreover, the EU Treaties do not allow for any self-standing national policy initiatives in areas of EU competence, such as asylum and migration policies. These extra-legal measures also mean that the transparent democratic legal procedures involving Council and Parliament are circumvented. That the EU fundamental rights no longer apply, that there is no judicial oversight by the European Court of Justice, as the Court refused to do in its judgement on the EU-Turkey statement, and no effective scrutiny of policies and expenditure by the Court of Auditors.

Even if (big if) external processing of asylum applications could in practical terms contribute to managing migration flows, it is a complete illusion to believe that therefore no-one will come to Europe anymore. So we still very much need a proper asylum and migration policy, applicable in the EU itself. We urgently need to set up avenues for legal labour migration. Agreements with third countries, with a proper legal base and firmly within the EU Treaties, definitely can add to the solution, they cannot  however replace asylum and migration policies.

I hope the government leaders will show the same courage and vision that has made this continent great. So I can remain a proud European.