Proposal for a Regulation addressing situations of instrumentalisation in the field of migration and asylum

Summary:

Legislative initiative tabled by the European Commission on 14 December 2021, aimed at addressing situations of instrumentalisation in the field of migration and asylum.

Further information:

This initiative arose from an increasing role of State actors in artificially creating and facilitating irregular migration, using migratory flows as a tool for political purposes. In October 2021, the European Council underlined that the European Union (EU) would not accept any attempt by third countries to instrumentalise migrants for political purposes, in response to the actions of the Belarusian regime. In November, a joint Communication was published setting out an overview of existing and future actions to address this phenomenon. This was also raised in the renewed EU action plan against migrant smuggling.

The draft law proposes a new instrument alongside those already in the New Pact on Migration and Asylum aimed at addressing the exceptional circumstance of instrumentalisation of migrants. This would provide for a framework to deal with any such situation in the future and thus render unnecessary to resort to ad hoc measures under Article 78(3) TFEU. This proposal reproduces to a large extent the range of possibilities made available to certain Member States provisionally to address the crisis along their borders with Belarus.

This initiative was was tabled by the European Commission on 14 December 2021 alongside a proposal amending the Schengen Borders Code (SBC), which also defines instrumentalisation of migrants.

• Primary Source

• Alternative Source

News

Politico, 14/12/2021: Commission calls for tougher border rules to tackle migrants, disease and terrorists https://www.politico.eu/article/european-commission-border-migrants-disease-terrorists/

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Official

European Commission: Press Release, 14/12/2021: Schengen: New rules to make the area without internal border controls more resilient https://ec.europa.eu/commission/presscorner/detail/en/ip_21_6821

European Commission: Adapting Schengen to evolving challenges: Questions and Answers (14 December 2021) https://ec.europa.eu/commission/presscorner/detail/en/qanda_21_6822

EPP EP Group: Newsroom, 14/12/2021: Schengen border management needs rules for COVID and for Belarus hybrid attacks https://www.eppgroup.eu/newsroom/news/schengen-needs-rules-for-covid-and-belarus-attacks

GUE/NGL EP Group: News, 14/12/2021: Commission Schengen proposals a major setback for fundamental rights https://left.eu/commission-schengen-proposals-a-major-setback-for-fundamental-rights/

EUObserver, 15/12/2021: Police stopping migrants can help save Schengen, EU says https://euobserver.com/migration/153826

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