Friday, December 3, 2021

Is the EU abandoning its own principles amid the migration crisis with Belarus?


 Against the background of the migration crisis on the border with Belarus, is the EU abandoning its own principles? European Commission Vice-President Margaritis Schinas and EU Commissioner for Home Affairs Ilva Johansson presented proposals to temporarily simplify the asylum procedure. They aim to make it easier for the governments of Poland, Lithuania and Latvia to work with the many migrants who want to enter the EU from Belarus. According to Johansson, in this case the fundamental rights of migrants will not be violated. Human rights organizations do not agree with her position, writes Süddeutsche Zeitung.

  The European Commission is proposing to increase the deadline for registering asylum applications from 3-10 days to four weeks. In addition, the procedure for their examination will take up to 16 weeks. This means that applicants will be able to stay in reception centers for a longer period of time. In addition, the European Commission is proposing to simplify and speed up the process of expelling migrants who have been refused asylum.The European Commission refers to Article 78 of the Treaty on the Functioning of the European Union, which provides for temporary measures that may be taken in the event of an "emergency" caused by a "sudden influx of third-country nationals". The European Commission's proposal must first be approved by EU member states.

  The German human rights organization Pro Asyl is "deeply concerned" by these proposals. According to her spokesperson, this shows that hardliners are now setting the agenda. The proposals caused controversy within the European Commission itself: its members could not work out a common position until Tuesday night. In addition, as the newspaper notes, the new Polish laws, promoted by the country's government itself, run counter to EU law.

  An updated law on state border protection came into force in Poland on Wednesday, adopted the day before in connection with the impossibility of extending the state of emergency in the border area with Belarus, which expires on December 2nd. The law entitles the Minister of the Interior, at his discretion, to impose a ban on residence in the border area of ​​all non-residents. At the same time, the border area has been extended to 15 km instead of the previous three.

  The Senate Judiciary Committee ruled that the law contradicted the Polish constitution: the right to free movement was violated, as well as the right to demonstrations and assembly and the right to freedom of the press. The Polish ombudsman also gave a negative characterization of the law. However, he was adopted by a majority in parliament on Tuesday.

  The updated Law on the Protection of the State Border was adopted after the adoption of the law on 26 October, which violates EU law and other international conventions and legitimizes the practice of returning migrants and refugees across the border due to their illegal crossing. In fact, Poland, like other countries, is obliged to allow people to apply for asylum even after crossing the border illegally. In such circumstances, few migrants and refugees can actually apply for asylum.




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