Debate: Implementation of Article  of the Asylum Procedures Directive
Date: MONDAY, 8 FEBRUARY 2021
Speaker: Mariya Gabriel
Language: EN

You raise concerns about fundamental rights. You call for proper procedures and monitoring. I agree that they are important issues to address. We need a structural approach, one that deals with today’s realities. This is no longer 2015. The number of irregular migrants has dropped from nearly 2 million in 2015 to 140 000 in 2019, and nowadays an important proportion of asylum applications are rejected. Everyone has the right to apply for asylum and everyone has the right to be swiftly integrated after applications are approved. But those with rejected applications must return to their home country. That’s essential for the legitimacy of the asylum system. We must manage these returns in a human and dignified way and support reintegration into society following return. The new Pact on Migration and Asylum the Commission presented last September strengthens the efficiency of procedures while fully respecting fundamental rights. The pact addresses many of the challenges you identify in your report: the need to ensure access to due process; the need for independent monitoring; specific regard for vulnerable groups. And the border procedure will need to be more uniformly applied in the Member States, bringing more efficiency and legal certainty. The asylum border procedure cannot be seen in isolation. It is one important pillar of an effective asylum system. With the pact, the Commission proposed to put in place a swifter process upon arrival: a process which upholds the right to apply for asylum and have a proper examination of the application; upholds the right to do so on European territory; and upholds the principle of non-refoulement. A process that allows Member States to deal efficiently with mixed flows of people arriving at the border. The pre-entry screening will allow authorities to swiftly identify and register people seeking asylum and will speed up the process of determining what type of procedure should apply. Screening is not only an obligation for the authorities but also a right for those who arrive at our borders. Clear border procedures will increase legal certainty for migrants and will ensure their rights are fully respected, whether they are in need of international protection or not. Especially important is the independent monitoring mechanism all Member States need to put in place to ensure respect for fundamental rights. The amended proposal for the Asylum Procedure Regulation proposes a flexible and efficient border procedure. It closes the loophole between asylum and return. It will be mandatory only in three clear cases: first, for applicants from countries with low recognition rates; second, for people posing a threat to security; third, for people misleading the authorities. The border procedure is designed to be effective and to avoid a disproportionate burden on the Member States of first entry. Member States may decide not to apply the border procedure when a person cannot be returned because the third country in question does not cooperate. The proposed border procedure also protects the most vulnerable. Unaccompanied minors and minors under the age of 12 and their family members are exempt from the border procedure unless they represent a danger to security. People with special procedural needs or people with medical conditions should only pass through the border procedure if those needs can be catered for. Not all people from low-recognition-rate countries have to pass through the border procedure: for example, if they are from a persecuted minority and it is clear the low recognition does not apply to them. Now, the swift timelines in the border procedure do not affect safeguards and guarantees of the asylum procedure. There will always be a full individual examination of applications. All applicants will benefit from all safeguards and guarantees foreseen in the Asylum Procedure Regulation, both in the administrative and the appeal stage. Let me be clear: detention must always be a measure of last resort. We must always look for alternatives. In some cases there are no alternatives. Even then, all legal safeguards must be in place, and reception standards must be good. Dear President, dear Mr Marquardt, honourable Members, this proposal is based on years of experience; on the lessons we learned from the crisis; on the experience of the European Asylum Support Office, which has given valuable support to Member States in improving procedures on the ground and through our monitoring today of the Asylum Procedures Directive. I thank you again for your report. This confirms that there are matters of common interest on which we can work together. I look forward to continue working with you to reach agreement on a more effective migration management system that will improve access to asylum for persons in need of protection.