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Common Provisions Regulation: New rules for cohesion policy for 2021-2027

20-09-2021

For the EU budget covering the 2021-2027 period, the European Commission proposed to update EU cohesion policy with a new set of rules. The proposal for a Common Provisions Regulation (CPR) set out common provisions for eight shared management funds: the European Regional Development Fund, the Cohesion Fund, the European Social Fund Plus, the Just Transition Fund, the European Maritime and Fisheries Fund, the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa ...

For the EU budget covering the 2021-2027 period, the European Commission proposed to update EU cohesion policy with a new set of rules. The proposal for a Common Provisions Regulation (CPR) set out common provisions for eight shared management funds: the European Regional Development Fund, the Cohesion Fund, the European Social Fund Plus, the Just Transition Fund, the European Maritime and Fisheries Fund, the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument. Additional specific regulations add certain provisions needed to cater for the particularities of individual funds, in order to take into account their different rationales, target groups and implementation methods. The new CPR is of the utmost importance as it sets the main rules that govern the above-mentioned funds for the 2021-2027 period. While it builds upon the previous sets of rules covering the 2014-2020 period, it nevertheless introduces a number of innovations. It aims, amongst other things, to simplify and improve synergies between the different EU policy tools. On 23 June 2021, the Parliament voted to adopt the text of the regulation agreed with the Council. The final act was published in the Official Journal on 30 June 2021. Fifth edition of a briefing originally drafted by Vasileios Margaras. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Vulnerability of unaccompanied and separated child migrants

26-04-2021

The United Nations Children's Fund (Unicef) has estimated that the number of migrant children increased from 24 million during the 1990–2000 period to 33 million in 2019. In 2019 alone, some 33 200 children arrived in southern European countries, of which some 9 000 (27 %) were unaccompanied or separated from family member(s) on the journey. There are various reasons why a child may be unaccompanied or get separated, including persecution of the child or the parents; international conflict and civil ...

The United Nations Children's Fund (Unicef) has estimated that the number of migrant children increased from 24 million during the 1990–2000 period to 33 million in 2019. In 2019 alone, some 33 200 children arrived in southern European countries, of which some 9 000 (27 %) were unaccompanied or separated from family member(s) on the journey. There are various reasons why a child may be unaccompanied or get separated, including persecution of the child or the parents; international conflict and civil war; human trafficking and smuggling, including sale by parents; accidental separation from the parents over the course of their journey; and searching for better economic opportunities. Despite the existence of a comprehensive international legal framework on children's rights and their protection, irregular migrant children, especially those who are unaccompanied or who have been separated from their parents over their journey, face numerous obstacles and challenges during and after the migration process. Several international and European organisations have identified a number of protection gaps in the treatment of such children, including that they face greater risks of, inter alia, sexual exploitation and abuse, military recruitment, child labour (including for foster families) and detention. In many countries, they are routinely denied entry or detained by border or immigration officials. In other cases, they are admitted but are denied access to asylum procedures, or their asylum claims are not handled in an age and gender-sensitive manner. The vulnerable situation of unaccompanied and separated children worldwide, and the threats they face need to be addressed, particularly in view of the constant increase in their number. European Union asylum law offers special protection to such children, and the European Union has adopted numerous instruments and identified key actions for the protection of all children in migration, including those who are unaccompanied and separated. This briefing is an update of a 2016 briefing by Joanna Apap.

The external dimension of the new pact on migration and asylum: A focus on prevention and readmission

07-04-2021

The challenges posed by migration have put EU Member States' solidarity to the test. Responding to a European Council request, in September 2020 the European Commission proposed a new pact on migration and asylum, to reinforce solidarity among the Member States and to strengthen EU migration management and asylum procedures, while also making them more consistent. The proposed pact has an external aspect as well: building on current EU migration partnership frameworks, it aims to reinforce international ...

The challenges posed by migration have put EU Member States' solidarity to the test. Responding to a European Council request, in September 2020 the European Commission proposed a new pact on migration and asylum, to reinforce solidarity among the Member States and to strengthen EU migration management and asylum procedures, while also making them more consistent. The proposed pact has an external aspect as well: building on current EU migration partnership frameworks, it aims to reinforce international partnerships with a view to ensuring effective returns, combating migrant smuggling more effectively, and developing legal migration channels. In the context of migration, the EU's external policy has among its objectives to help third countries tackle the root causes of irregular migration or quests for asylum. The European Parliament often emphasises this point, while warning at the same time that security and migration management concerns should not result in diverting funds from core EU development cooperation objectives. This is also a concern among academia and non-governmental organisations dealing with migration issues: several have pointed out that the Commission's proposals for the above-mentioned pact and the working document, recommendations and legislative proposals accompanying it put a lesser emphasis on pathways to legal migration than on measures aimed at incentivising third countries to retain possible irregular migrants or to accept returns.

Recast Eurodac Regulation

26-03-2021

Eurodac is a biometric database in which Member States are required to enter the fingerprint data of asylum-seekers in order to identify where they entered the European Union (EU). Established in 2000 and reviewed in 2013, its main purpose is to facilitate the application of the Dublin Regulation. The 2013 revision broadened the scope to provide law enforcement authorities with access to the Eurodac database. As part of the reform of the common European asylum system in 2016, the European Commission ...

Eurodac is a biometric database in which Member States are required to enter the fingerprint data of asylum-seekers in order to identify where they entered the European Union (EU). Established in 2000 and reviewed in 2013, its main purpose is to facilitate the application of the Dublin Regulation. The 2013 revision broadened the scope to provide law enforcement authorities with access to the Eurodac database. As part of the reform of the common European asylum system in 2016, the European Commission proposed a recast Eurodac Regulation. The co-legislators reached a partial agreement on the proposal in 2018. As part of the broader migration and asylum pact, the new Commission presented an amended proposal on 23 September 2020. The Commission expects the co-legislators to promptly adopt the proposal on the basis of the agreement already reached. Third edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Schengen Borders Code

26-03-2021

Presently, the Schengen Area is confronted with a different reality than in 2016, when the European Parliament and Council approved Regulation (EU) 2016/399 (as codification of Regulation (EC) No 562/2006 and its subsequent amendments), establishing a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code). As stated in the Commission Work Programme of 2021, the current health crisis and pandemic, and recent developments - related to security concerns and ...

Presently, the Schengen Area is confronted with a different reality than in 2016, when the European Parliament and Council approved Regulation (EU) 2016/399 (as codification of Regulation (EC) No 562/2006 and its subsequent amendments), establishing a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code). As stated in the Commission Work Programme of 2021, the current health crisis and pandemic, and recent developments - related to security concerns and the arrival of refugees -, have exposed the EU’s need to strengthen its crisis preparedness and management of cross-border pressures, as well as keeping the Schengen legislation updated, making it suitable to endure the test of time.

Pushbacks at the EU's external borders

08-03-2021

In recent years, the migration policy of the European Union (EU) has focused on strict border controls and the externalisation of migration management through cooperation with third countries. Although states have the right to decide whether to grant non-EU nationals access to their territory, they must do this in accordance with the law and uphold individuals' fundamental rights. Not only do the practices and policies of stopping asylum-seekers and migrants in need of protection at or before they ...

In recent years, the migration policy of the European Union (EU) has focused on strict border controls and the externalisation of migration management through cooperation with third countries. Although states have the right to decide whether to grant non-EU nationals access to their territory, they must do this in accordance with the law and uphold individuals' fundamental rights. Not only do the practices and policies of stopping asylum-seekers and migrants in need of protection at or before they reach the European Union's external borders ('pushbacks') erode EU values as enshrined in the EU Treaties, they may also violate international and European humanitarian and human rights laws. National human rights institutions, international bodies and civil society organisations regularly report cases of pushbacks at the European Union's land and sea borders. According to those reports, pushbacks often involve excessive use of force by EU Member States' authorities and EU agencies operating at external borders, and degrading and inhuman treatment of migrants and their arbitrary detention. The European Parliament has repeatedly called for Member States and EU agencies to comply with fundamental rights in their activities to protect the EU's external borders. Several international organisations and other stakeholders have condemned or filed legal actions against the practice of pushbacks carried out at the EU's external borders. In September 2020, the European Commission presented a pact on migration and asylum, including a proposal on pre-entry screening of third-country nationals at EU external borders, in a bid to address these potential breaches of fundamental rights.

Understanding EU action against migrant smuggling

19-01-2021

Around 90 % of those who cross the external European Union (EU) borders illegally do so with the assistance of migrant smugglers. Furthermore, the facilitation of irregular migration is a highly profitable criminal activity, in particular when compared with the relatively low risks incurred. Even though detections of illegal border crossings are currently at their lowest level since 2013, the migrant smuggling business shows sustained high levels of demand. This demand is not only due to the fact ...

Around 90 % of those who cross the external European Union (EU) borders illegally do so with the assistance of migrant smugglers. Furthermore, the facilitation of irregular migration is a highly profitable criminal activity, in particular when compared with the relatively low risks incurred. Even though detections of illegal border crossings are currently at their lowest level since 2013, the migrant smuggling business shows sustained high levels of demand. This demand is not only due to the fact that people in severe distress – whether for economic reasons or because of a genuine fear for their lives – keep trying to reach the EU, by irregular means if necessary. Demand is also high because illegally crossing borders has become harder, due to increased external border controls and other measures put in place to prevent irregular migration. This is where migrant smuggling networks step in. Migrant smugglers are among some of the most agile criminals. They go to great lengths in order not to get caught, quickly adapting the routes they use to smuggle migrants into the EU and their means of travel. They avoid direct contact with their victims, instead using the latest digital communication technologies and involving different intermediaries along a migrant's journey. The facilitation of irregular migration is a complex crime, interconnected with many other criminal activities, such as document fraud, trafficking in human beings or other types of illicit smuggling. Although people willingly pay smugglers to help them cross borders, they do so at great personal risk. Too many lose their lives, or are at risk of serious harm or exploitation. Therefore, preventing and combatting migrant smuggling and related crimes is one of the key priorities of the EU's action against irregular migration and organised crime. The European Parliament has repeatedly called for more and better operational cooperation, data sharing and legal migration channels, and insisted on better implementation of relevant EU legislation.

Search and rescue in the Mediterranean

12-01-2021

International law imposes an obligation to render assistance to persons and ships in distress at sea, which must be provided regardless of the persons' nationality or status or the circumstances in which they are found. These rules have to be applied without prejudice to the obligations deriving from international humanitarian law and international human rights law, including in particular the prohibition of refoulement. Search and rescue (SAR) and disembarkation activities of EU Member States are ...

International law imposes an obligation to render assistance to persons and ships in distress at sea, which must be provided regardless of the persons' nationality or status or the circumstances in which they are found. These rules have to be applied without prejudice to the obligations deriving from international humanitarian law and international human rights law, including in particular the prohibition of refoulement. Search and rescue (SAR) and disembarkation activities of EU Member States are currently not covered by a common EU legal framework, except for those activities carried out in the context of Frontex-led joint operations at sea. In recent years, a significant proportion of migrants and asylum-seekers in distress at sea have been rescued by EU naval operations, EU agencies and non-governmental organisations in the Mediterranean. Nevertheless, over the last couple of years, the Mediterranean Sea has also been the backdrop for the largest number of casualties and missing people. Lack of coordination in search and rescue activities, solitary action by individual countries and criminalisation of non-governmental organisations active in SAR in the Mediterranean lead to migrants being forced to stay for several days and sometimes weeks on boats. EU Member States and EU agencies (Frontex) have also been accused of pushbacks of asylum-seekers and other migrants to the high seas and towards Libya and Turkey. Individual actors dealing with boats of migrants have been a subject of strong criticism and legal action. Their accountability is, however, not always clear, the reason being varied application and interpretation of different bodies of international law. One solution, proposed by academics, could be the harmonisation of the fragmented legal regime for maritime interceptions.

Screening of third-country nationals at the EU external borders

17-11-2020

In September 2020, the Commission put forward a new pact on migration and asylum, setting out a comprehensive approach to European Union (EU) migration policies that links external borders, asylum, return systems, the Schengen area of free movement and the external dimension of migration. The pact includes a proposal for a new regulation on the screening of third-country nationals at external borders aiming to clarify and streamline the rules on dealing with third-country nationals who are not authorised ...

In September 2020, the Commission put forward a new pact on migration and asylum, setting out a comprehensive approach to European Union (EU) migration policies that links external borders, asylum, return systems, the Schengen area of free movement and the external dimension of migration. The pact includes a proposal for a new regulation on the screening of third-country nationals at external borders aiming to clarify and streamline the rules on dealing with third-country nationals who are not authorised to enter or stay in the EU. The proposal would introduce a pre-entry screening procedure allowing national authorities at external borders to channel irregular third-country nationals to the appropriate procedure, i.e. asylum or return procedures. The screening would start with preliminary health and vulnerability checks and finish with the transmission of a debriefing form to the appropriate authorities. The proposal would provide for the establishment, by each Member State, of an independent monitoring mechanism for fundamental rights. First edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Asylum procedures at the border

13-11-2020

Fast-tracking procedures at European Union external borders for determining whether individuals are entitled to international protection is a priority in the proposed Pact on Migration and Asylum. This European Implementation Assessment concludes that current Member State practice does not result in uniform and effective reviews of applications for international protection on the basis of a fair process. In particular, certain Member States apply time-lines within which no serious consideration of ...

Fast-tracking procedures at European Union external borders for determining whether individuals are entitled to international protection is a priority in the proposed Pact on Migration and Asylum. This European Implementation Assessment concludes that current Member State practice does not result in uniform and effective reviews of applications for international protection on the basis of a fair process. In particular, certain Member States apply time-lines within which no serious consideration of an application is feasible. Furthermore, applicants are placed in detention or restricted in their freedom of movement without considering alternatives and deprived of opportunities to effectively exercise their procedural rights. A number of recommendations are made to address the shortcomings identified in future legal and practical arrangements for border procedures.

Gaidāmie notikumi

25-10-2021
European Gender Equality Week - October 25-28, 2021
Cits pasākums -
FEMM AFET DROI SEDE DEVE BUDG CONT ECON EMPL ITRE TRAN AGRI PECH CULT JURI PETI
25-10-2021
Capacity for proper expenditure controls of the increased budget of the MFF and NGEU
Uzklausīšana -
CONT
25-10-2021
Ninth meeting of the Joint Parliamentary Scrutiny Group on Europol, 25-26 October
Cits pasākums -
LIBE

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