ECRE published its Comments on the European Commission Proposal for a Council Decision on provisional emergency measures for the benefit of Latvia, Lithuania and Poland.
ECRE does not support the measures proposed, which will have an adverse effect on the right to asylum without adequately responding to the situation at the EU’s borders with Belarus. The main fundamental rights affected by the proposal are the right to human dignity (Article 1 EU Charter of Fundamental Rights (CFREU)), the right to asylum (Article 18 CFREU), the prohibition of torture and inhuman or degrading treatment or punishment (Article 4 CFREU), the right to liberty and security (Article 6 CFREU), protection in the event of removal, expulsion or extradition (Article 19 CFREU), the rights of the child (Article 24 CFREU) and the right to an effective remedy (Article 47 CFREU).
The negative impact on these rights derives from the expanded use of concepts and practices which undermine the right to asylum. Many elements of the emergency measures are already part of the legislative proposals launched with the Pact on Migration and Asylum, such as the border procedure and allowing derogations.
Generally, ECRE has concerns about the lack of a clear definition of “instrumentalization” and related uncertainty as to the scope of the measures. Doubts also arise as to the necessity and proportionality of the measures.
The Comments assess the provisions for delayed registration; extension and expansion of the border procedure; right to an effective remedy; limitation of reception conditions; derogation from the Return Directive and specific guarantees.
While ECRE does not support the measures proposed, it submits (non-exhaustive) observations and recommendations, aimed at reducing the negative impact on fundamental rights.
For further information:
- ECRE, Editorial: Commission Proposal Leaves Little Solutions but Plenty of Contradictions, December 2021
- ECRE, Joint Statement: Call on the EU: Restore Rights and Values at Europe’s Borders, November 2021