EU migration and asylum in the aftermath of the 2016 migration crisis

Abstract

The European Union (EU) initiatives aimed at regulating migration have recently enjoyed relatively broad and quick support by EU Member States (EUMS), while the facilitation of migration has been selective and either addressing few targeted countries, or small categories of migrants travelling to the EU – the most qualified ones. Migrants in vulnerable situations with specific protection needs and/or asylum-seekers requesting international protection – seeking access to the EU – are still awaiting legislative and policy reforms addressing their needs. Significant progress was made during the Maltese Presidency towards reaching agreement among EUMS on the Common European Asylum System (CEAS) reform. However, the package of seven instruments and the key issues they seek to address remain work in much-needed progress. Given the 2016 ongoing migration flows to the EU via the Central Mediterranean route, the Maltese Presidency started with a clear determination to reduce arrivals from Libya and save lives, as well as to break the business model of smugglers along the route as stipulated in the European Agenda on Migration. A vivid sense of urgency to increase return rates and uphold the credibility of asylum systems was felt by EUMS and the Commission alike. The new return policy package was released in March 2017, paving the way for a future revision of the Return Directive, with a view to building a Common European Return System (CERS). On the external front, making development aid contingent on cooperation on returns and readmission in the Migration Partnership Framework approach has been questioned by the European Parliament (EP) and others, arguing it represents a contradiction with aid effectiveness principles which for this reason risk losing ownership and engagement of partner countries. [excerpt]