Tag Archives: Schengen Agreement

by | 08 Jan 2012 · 23:18

Statewatch Analysis: The EU’s self-interested response to unrest in north Africa: the meaning of treaties and readmission agreements between Italy and north African states

Statewatch released an Analysis by Yasha Maccanico entitled “The EU’s self-interested response to unrest in north Africa: the meaning of treaties and readmission agreements between Italy and north African states.”  The Analysis provides a description of Italy’s responses to the migrant arrivals in 2011 caused by the unrest in North Africa.

Excerpts:  “The ‘crisis’ reveals questionable practices and routine abuses – The measures adopted in response to the increasing number of migrants arriving from north African countries serve to highlight a number of practices that have become commonplace in Italy in recent years.

The first of these is a widening of the concept of ‘emergency.’ Calling an emergency gives the government a wider remit to derogate from specified laws so as to resolve situations that cannot be dealt with through ordinary measures….

Although the situation in north Africa was worrying, the emergency was called when slightly over 5,000 migrants had arrived. An analysis by Massimiliano Vrenna and Francesca Biondi Dal Monte for ASGI notes that the government has repeatedly called and extended states of emergency since 2002 to deal with immigration, which is treated as though it were a “natural calamity” even when there is a wholly predictable influx of people from third countries. The urgent need specified in decrees declaring a state of emergency is to conduct ‘activities to counter the exceptional – later referred to as massive – influx of immigrants on Italian territory’ (as happened on 11 December 2002, 7 November 2003, 23 December 2004, 28 October 2005, 16 March 2007, 31 December 2007, 14 February 2008 for Sicily, Calabria and Apulia and was extended to the whole nation on 25 July 2008 and 19 November 2009), stemming from a prime ministerial decree of 20 March 2002. Thus, Vrenna and Biondi Dal Monte’s observation that the emergency is ‘structural’ appears well-founded. It has serious repercussions for the treatment of migrants (see below) and the awarding of contracts outside of normal procedures, with the involvement of the civil protection department whose competencies have been expanding considerably.

The second practice involves the expulsion, refoulement or deportation of migrants outside the limits and procedures established by legislation for this purpose. The failure to identify people, to issue formal decisions on an individual basis to refuse them entry or expel them, or to give them the opportunity to apply for asylum or other forms of protection, was a key concern when boats were intercepted at sea and either the vessels or their passengers were taken back to Libya between May and September 2009, when 1,329 people were returned. These rights were also denied to people arriving from Egypt and Tunisia in application of readmission agreements in the framework of the fight against illegal migration. Their presumed nationality was deemed sufficient to enact expulsions to these countries, because ongoing cooperation and good relations with Italy appeared sufficient to indicate that they were not in need of protection, regardless of the situation in their home countries. ….

The third practice is the ill-treatment of migrants held in detention centres. Without dealing with this issue in depth, it is worth noting that what could be viewed as arbitrary detention is occurring on a large scale, in the absence of formal measures decreeing detention and without the possibility of appealing against decisions. In fact, after landing, migrants are summarily identified as either ‘illegal’ migrants or asylum seekers, largely on the basis of their nationality….”

Click here for Analysis.

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by | 08 Dec 2011 · 05:58

EJML Article, B Nascimbene and A Di Pascale: “The ‘Arab Spring’ and the Extraordinary Influx of People who Arrived in Italy from North Africa”

The latest edition of the European Journal of Migration and Law, Volume 13, Number 4, contains an article by Bruno Nascimbene, Professor of European Union Law, Faculty of Law, University of Milan, and Alessia Di Pascale, Research Fellow, European Union Law, Faculty of Law, University of Milan, entitled “The ‘Arab Spring’ and the Extraordinary Influx of People who Arrived in Italy from North Africa”.

Abstract: “The ‘Arab spring’ which spread in early 2011 and the consequent exceptional influx of people that arrived on the Italian coasts from North Africa put the national reception and asylum systems under particular pressure, also raising the debate on the status to be attributed to these people. Faced with a situation out of the ordinary, Italy immediately addressed a request for help to the European Union, which has revealed the difference of views and mistrust existing between Member States in relation to these issues. This episode also calls into question the scope and effectiveness of the EU migration management framework, particularly in case of strong and unexpected pressure, and its implementation in a true spirit of solidarity.”

Click here for link.  (Subscription or payment required.)

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by | 11 Oct 2011 · 04:39

Italy Extends Temporary Permits for Tunisians Who Arrived Before 6 April 2011 and Extends Declaration of State of Emergency Relating to Influx of Migrants from North Africa

Italy has extended for an additional six month period the temporary residency permits issued to Tunisian migrants who arrived in Italy after 1 January 2011 and before 6 April 2011.  Italy also extended until 31 December 2012 the “Declaration of a state of humanitarian emergency in relation to the exceptional influx of citizens from the countries of North Africa.” (“Proroga dello stato di emergenza umanitaria in relazione all’eccezionale afflusso di cittadini appartenenti ai paesi del Nord Africa.”)

The decree granting the extension of the temporary residency permits noted the positive actions that have been undertaken by the Tunisian government pursuant to the bi-lateral agreement of 5 April 2011 between Italy and Tunisia, specifically the increased supervision of the Tunisian coast, Tunisia’s actions to prevent and fight against illegal immigration, and Tunisia’s cooperation with the repatriation of Tunisian nationals.  The decree noted that the new Tunisian government which will be formed after elections later this month will be expected to confirm and strengthen bi-lateral relations, especially in regard to the voluntary return programme and immigration controls.

(… “Rilevato che, in base all’accordo del 5 aprile 2011 tra il  Governo italiano e quello  tunisino,  sono  proseguite  con  risultati  molto positivi sia l’attivita’  di  vigilanza  sulle  coste  tunisine,  sia l’azione di prevenzione e di  contrasto  dell’immigrazione  illegale, sia le operazioni di  rimpatrio  dei  cittadini  tunisini  giunti  in Italia successivamente alla citata data del 5 aprile 2011; Preso atto delle rinnovate richieste, che  pervengono  dal  Governo provvisorio tunisino, di proseguire nelle  linee  di  cooperazione  e collaborazione gia’ avviate;  Considerato altresi’ che tale  rapporto  di  collaborazione  dovra’ essere confermato ed ulteriormente rafforzato con  il  nuovo  Governo tunisino che si insediera’ all’esito delle  consultazioni  elettorali per l’Assemblea Costituente del 23 ottobre 2011, in  particolar  modo per  il  proseguimento  dei  programmi  di  rimpatrio  volontario  e assistito e per una efficace politica di programmazione dei flussi;…”)

Click here for text of temporary residency decree.  (IT)

Click here for text of extension of humanitarian emergency decree.  (IT)

Click here and here for articles.  (IT)

Click here for link to ASGI web page with relevant information.

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by | 10 Oct 2011 · 06:01

6 Month Temporary Residency Permits Issued in April by Italy to 12,000 Tunisian Migrants Set to Expire

In April of this year Italy issued temporary residency permits to most of the Tunisian migrants who arrived in Italy between 1 January and 6 April.  Accelerated return procedures facilitated by a new bi-lateral agreement with Tunisia were implemented for Tunisians who arrived in Italy on or after 6 April.  The issuance of the temporary residency permits triggered the temporary closures of internal EU borders by France and other Schengen countries.

Approximately 11,800 temporary permits were issued by Italy and they are now beginning to expire.  Everyone Group reported over the weekend that a decision has been reached by the Italian government to extend the residency permits for an additional six month period.

Click here and here for articles. (IT)

Click here for report from Everyone Goup. (EN)

Click here for my previous post on the temporary residency permits.

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by | 12 May 2011 · 04:27

Extraordinary JHA Council Meeting 12 May

From the Europa web site:  “This Council meeting will focus mainly on migration and border related issues arising from the situation in the Southern neighbourhood region. Ministers will follow up the European Council conclusions of 11 March (EUCO 7/11) and 24-25 March (EUCO 10/11, pt 18-26) and the Council conclusions of 11-12 April 2011 (8909/11). They will also discuss a related communication to be presented by the Commission. The state of play as regards the proposal for modifications to the 2004 regulation that established the European agency for the management of operational cooperation at the external borders of the EU member states (FRONTEX) will also be reviewed at a meeting of the Mixed Committee in the margins of the Council….”

From the Commission’s Memo:

“Main Council agenda items:

[***] The Commission expects the Council to support the main lines of action set out in its 4 May Communication on migration for a more structured, comprehensive response to the challenges and opportunities of migration. These proposals, which come in addition to the urgent short-term measures already taken by the Commission to deal with the migration situation in the Southern Neighbourhood and migration pressures on frontline Member States, will be followed by flanking initiatives in the coming weeks and months. A first series of proposals, notably on integration and migration relations with the Southern Mediterranean, will be submitted to the College for adoption on 24 May.

Background: On the 4th of May 2011 (IP/11/532 and MEMO/11/273), the Commission presented its comprehensive strategy for a common EU asylum and migration policy, also in view of the current developments in the Mediterranean. The initiatives cover various aspects of migration, including provisions for:

  • Effective and credible controls at the EU external border (strengthening of Frontex; exploring the feasibility of creating a European system of borders guards).
  • An improvement of Schengen governance (guidelines to ensure a coherent implementation of the Schengen rules; revised evaluation mechanism based on a Community approach; a possible EU-coordinated mechanism allowing for the temporary reintroduction of controls at the internal borders, as a last resort and under exceptional circumstances)
  • An effective and responsible approach to tackling irregular immigration (effective implementation of EU legislation and rethinking of the EU readmission policy).
  • Promoting mobility in a secure environment (possible development of a ‘new generation’ of border checks; proper use of visa liberalisation combined with safeguards).
  • Achievement of a Common European Asylum Policy (adoption of the Commission proposals already tabled).
  • Further development of common rules on legal migration and an exchange of experience and best practices on the integration of migrants.
  • Deepened relations with third countries in the framework of the Global Approach to Migration, in particular through enhanced dialogues and Mobility partnerships with countries in the Southern Mediterranean.

2. Strengthening Frontex Agency

[***] Commission’s position: The Commission expects that the European Parliament and the Council will deploy all necessary efforts to find an agreement on the Commission’s proposals by the end of June, considering that such an agreement would help Frontex to better assist the EU in facing the current migration situation.

Background: In February 2010 (IP/10/184 and MEMO/10/45), the Commission made proposals to strengthen European Union’s border management agency, Frontex. The proposals include reinforcing the legal framework to ensure full respect of fundamental rights during Frontex activities and enhancing the operational capacity of Frontex to support Member States. With the new proposal, Member States would put more equipment and more personnel at the Agency’s disposal. Frontex would be able to co-lead border patrols operations with EU Member States or lease and buy its own assets (such as vessels or helicopters). It would also be allowed to provide technical assistance to third countries and deploy liaison officers in third countries.

3. Evaluation and future strategy for EU readmission agreements (EURAs)

[***]

Pledging Conference on relocation and resettlement

[***]

Commission’s position: The Commission took the initiative to gather the Ministers, expecting confirmation of their commitment to engage in further relocation of refugees from Malta and to resettle refugees stranded in North Africa. This would demonstrate the concrete solidarity the EU and its Member States are willing to show in times of need, both internally with its own Member States and to its international partners. The Commission is ready to provide funding for the extension of the pilot project of relocation from Malta, as well as for resettlement from North Africa undertaken on a voluntary basis by Member States.

Background: The implementation of the EU relocation pilot project with Malta has been ongoing for more than a year and it has been a success in demonstrating concrete intra-EU solidarity by the relocation of refugees present in Malta to other Member States. In April, the Council adopted conclusions on solidarity, where it reaffirmed the need for solidarity towards Member States most directly concerned by migratory movements and welcomed the Commission’s intention to extend the existing pilot project for the relocation of refugees from Malta. Several Member States have announced their intention to participate in this project. In its conclusions, the Council also requested the Commission to facilitate resettlement activities undertaken on a voluntary basis by the Member States, also by means of financial support. The resettlement of refugees stranded in North Africa had already been discussed at a meeting on the 25th of March, with the participation of the UNHCR, during which Member States provided information on their commitments to resettle a number of refugees from the region.”

Click here for Commission’s Memo

Click here for Agenda.

Click here for Background Note.

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by | 04 May 2011 · 15:16

Commission Communication on Migration of 4 May

The European Commission today issued a Communication on Migration (COM(2011) 248 final) in response to the ongoing arrivals of migrants and asylum seekers in Italy and Malta and in response to the calls by Italy and France for changes in the implementation or interpretation of the Schengen Agreement.

France has welcomed the Commission’s Communication: “We note with interest that the Commission is considering establishing a mechanism for the temporary reintroduction of controls on some sections of internal borders in cases of difficulties or failures of a Member State. We also welcome the emphasis on strengthening the operational capacity of Frontex, the prospect of ultimately creating a European border guard that France has repeatedly called for. Finally, we welcome with satisfaction the intention of the Commission to propose a suspension clause of the liberalization of visa abuse.” (“Nous relevons ainsi avec intérêt que la Commission envisage l’établissement d’un mécanisme permettant la réintroduction temporaire des contrôles à certaines sections des frontières intérieures en cas de difficultés ou de défaillances d’un État membre. Nous nous félicitons aussi de l’accent mis sur le renforcement des capacités opérationnelles de FRONTEX, avec la perspective de créer à terme un système européen de garde-frontières que la France a régulièrement appelé de ses vœux. Nous accueillons enfin avec satisfaction l’intention de la Commission de proposer une clause de suspension de la libéralisation des visas en cas d’abus.”)

Excerpts from the Commission’s Communication on Migration:

“[***]

The purpose of this Communication is to set recent and future policy proposals in a framework that takes account of all relevant aspects and allows the EU and its Member States to manage asylum, migration and mobility of third-country nationals in a secure environment.

[***]

The continuously evolving situation in our Southern Neighbourhood requires rapid responses. Building upon the European Council Conclusions of 11 and 25 March, the European Parliament’s Resolution of 5 April1, and, the joint Communication of the Commission and the High Representative of 8 March, the Commission will present on 24 May a package of proposals to ensure a coherent EU approach in the area of migration, mobility and security with the Southern Mediterranean countries.

However, the need to address this challenging and evolving situation should not lead to a short-term approach limited to border control without taking account of long-term issues.

[***]

The EU should also ensure that it has in place safe and efficient asylum procedures for people in need of protection. Sixty years after the signature of the Geneva Convention on the Status of Refugees, it is time for the EU to reaffirm its commitment to offer protection to any persecuted third country national or stateless person arriving on its territory. A Common European Asylum System, offering a high level of protection and reducing the disparities among Member States’ asylum systems, must be completed by 2012, as agreed by the European Council.

[***]

At the same time, as recent events have starkly illustrated, the EU continues to face serious challenges in the development of its migration policy. The vulnerability of some sections of the EU’s external borders is a clear example, notably in the Southern Mediterranean and at the land border between Greece and Turkey. In particular, measures must be taken to prevent large numbers of irregular migrants, often exploited by unscrupulous criminal networks, from arriving in the EU. The EU should accordingly pursue a migration policy based on ensuring that inward migration is effectively managed and ensure that the need for enhanced mobility does not undermine the security of the Union’s external borders. While this Communication naturally focuses on regions of most immediate concern, the EU’s migration policy follows a geographically comprehensive approach.

[***]

However, while the current crisis confirms the need for increased solidarity at the European level and better sharing of responsibility, it must be recognised that the EU is not fully equipped to help those Member States most exposed to massive migratory movements.

[***]

Building on the experience gained so far with the current pilot project on relocation from Malta, the Commission will support an extension of this project in view of the current influx of migrants seeking international protection there, to be implemented in close cooperation with the United Nations High Commissioner for Refugees and the International Organisation for Migration.

However, the currently available instruments fall short of fulfilling all the needs and providing a comprehensive response. They can only be resorted to in an ad hoc manner, and are entirely dependent on the will of Member States to voluntarily offer assistance – in whatever form – at a given point in time. This in turn exposes the EU to criticism and risks undermining the trust of the citizens in the EU.

The Commission will closely monitor the continuously evolving situation and may decide, if the relevant conditions are met, to trigger the Temporary Protection Directive3 to provide immediate and temporary protection to displaced persons from third countries that are unable to return to their country of origin.

The Commission will make further proposals during 2011 on delivering solidarity in a holistic manner and how concretely such assistance can be delivered. A number of different approaches are currently being studied, with a view to developing alternatives that will allow urgent needs to be responded to in a more rapid and structured fashion. This initiative will build on the appropriate legal basis of the Lisbon Treaty, such as Articles 80 and 78 paragraph 3, and will draw lessons from the situation in Greece, particularly at the land border between Greece and Turkey, and the crisis in the Southern Mediterranean; it will include possible ad hoc measures to be resorted to in case of particular temporary pressure on one or several Member States, as well as more structural means of ensuring solidarity, both financial and in the form of practical cooperation and technical assistance (e.g. via FRONTEX, EASO, joint operations).

[***]

FRONTEX’s role is key in channelling resources to places where the border is under pressure, as shown by the deployment – for the first time ever – of rapid border intervention teams to the Greek-Turkish land border in 2010 and the deployment of the joint naval operation HERMES to support Italy in 2011. FRONTEX’s legal framework needs be updated to allow it to be more effective in terms of its operational capacity to act at the external border. The Commission proposed the necessary changes in February last year5 and it is now urgent, especially in the light of recent events, that the Council and the Parliament approve this proposal before the end of this semester, as called for by the European Council.

[***]

[A] clear system for Schengen governance is needed. Currently the Union still relies on an intergovernmental system of peer reviews to ensure the application of the common rules. The current revision of the Schengen evaluation mechanism should be based on a Community approach with participation of experts from Member States, FRONTEX and lead by the Commission. The proposed mechanism would ensure more transparency and improve the follow-up of shortcomings identified during the experts’ evaluations. The Commission will also issue guidelines to ensure a coherent implementation and interpretation of the Schengen rules.

A mechanism must also be put in place to allow the Union to handle situations where either a Member State is not fulfilling its obligations to control its section of the external border, or where a particular portion of the external border comes under unexpected and heavy pressure due to external events. A coordinated Community-based response by the Union in critical situations would undoubtedly increase trust among Member States. It would also reduce recourse to unilateral initiatives by Member States to temporarily reintroduce internal border controls or to intensify police checks in internal border regions which inevitably slow down the crossing of internal borders for everyone. Such a mechanism may therefore need to be introduced, allowing for a decision at the European level defining which Member States would exceptionally reintroduce internal border control and for how long. The mechanism should be used as a last resort in truly critical situations, until other (emergency) measures have been taken to stabilise the situation at the relevant external border section either at European level, in a spirit of solidarity, and/or at national level, to better comply with the common rules. The Commission is exploring the feasibility of introducing such a mechanism, and may present a proposal to this effect shortly.

[***]

One of the main purposes of the Common European Asylum System is to reduce the wide divergence in the outcome of asylum applications lodged in different countries of the EU, and to ensure a common set of procedural and substantive rights which can be relied on across the Union, while ensuring full compliance with the 1951 Geneva Convention on refugees and other relevant international obligations.

In 2010, there were some 257 800 asylum seekers registered in the EU, or 515 applicants per million inhabitants. Ten Member States accounted for more than 90% of applicants registered in the EU17.

It is time to complete the Common European Asylum System by reaching agreement on a balanced package by the 2012 deadline agreed by the European Council in December 2009. To that end, the Commission will shortly put forward modified proposals on the Reception Conditions and the Asylum Procedures Directives. A balanced agreement on the revision of the Dublin Regulation must be reached, including on a last resort emergency mechanism in case of exceptional pressures, and on the revised Eurodac system.

[***]”

Click here for the Communication – COM(2011) 248 final.

Click here for Commission Press Statement and here for Commission FAQs.

Click here for French Government’s Point de Presse.

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