A more welcoming Europe for asylum seekers?

(archive) " Better share the burden of the burden of refugees " and " present a more human face These are the two objectives of the package of measures officially presented by the European Commissioner in charge of the “Justice, Freedom and Security” portfolio, Jacques Barrot. If this “package” is accepted by the Member States, it should allow a significant step forward for the European Union, which is too often considered as a “fortress” and not sufficiently concerned with the rights of asylum seekers. Five important measures are worth remembering.

Supervised retention. The detention of asylum seekers should be " exceptional ". And legal safeguards will be put in place to prevent any arbitrary retention. Children cannot be retained "Que" if their own interest requires it ". While unaccompanied minors will not be able to under no circumstances » be the subject of this measure.

Rights for refugees. A system will be put in place for people with special needs (…) appropriate treatment ". Access to work, often difficult for refugees, “must be facilitated”. And member states “may not impose any additional restrictions”.

Protection of private life. The transmission of the fingerprints of asylum seekers to the central "Eurodac" file will be accelerated, in order to avoid double applications. But unnecessary data will have to be erased. And the powers of the European Data Controller (the European Cnil) will be reinforced.

Family reunion. It will be facilitated for family members with whom “there is a relationship of dependency, or beneficiaries of temporary protection”.

Sharing the burden between Member States. The mechanism – known as Dublin – which obliges the European country, where the refugee arrived the first time to welcome all “his” refugees, will be adapted. Indeed, this system poses insurmountable problems for the Mediterranean countries, in particular the two small islands of Malta and Cyprus, unable to physically cope with the influx of refugees. While the most distant states, such as the United Kingdom or Sweden, are more protected. As Jacques Barrot pointed out. " It's unfair for EU states because they don't all bear the same burden, but it's especially unfair for asylum seekers.". This system can therefore be suspended if necessary when the State concerned is “overburdened” or does not offer a “sufficient level of protection” to the refugee.

This package must be approved by both the European Parliament and the representatives of the Member States. Majority rule applies. The right of veto has, in fact, been abolished since January 2005.

Nicolas GROS-VERHEYDE

(article published in Ouest-France, December 2008)