After a long, tense and exhausting period of negotiations, the 27 member states of the European Union finally reached an agreement on Wednesday on rules governing how to act in situations of migration crisis. This is the fifth and final point to be contemplated in the migration and asylum agreement that has been negotiated for years. The Spanish presidency has gone to great lengths to implement legislation that opens up barriers to the pact, realizing that, if this opportunity is lost, the next opportunity will take a long time to materialize. However, the agreement was so fragile that the consensus lasted only 48 hours. The differences expressed by several countries, led by Poland and Hungary, erupted yesterday at a summit of heads of state and government in Grenada, leaving the issue of immigration absent from the joint final declaration.
The deal reached Wednesday was made possible by tightening requirements for requesting asylum, extending the detention time allowed for vulnerable immigrants to be repatriated, and delegating control of the flow of people to neighboring countries that do not guarantee compliance with international conventions on human rights. Objectively, this is important progress, considering that the alternative is to continue experiencing paralysis, but the taste is bittersweet. On the one hand, this is the best pact because it allows us to unblock the abnormal situation that Europe has experienced since the migration emergency of 2015, when the rules set out in the Dublin Convention were dissolved without any alternative of mutual acceptance. which will guarantee solidarity in crisis management. This situation poses serious difficulties for the four countries at the center of the majority of arrivals: Greece, Italy, Malta and Spain.
Far from the initial proposal to articulate a fair and solidarity distribution mechanism for asylum seekers, the agreement provides for a mandatory but flexible system of solidarity. So countries will be able to choose between accepting quotas that suit them or paying 20,000 euros for each application they reject. This is the only way to achieve adequate, although not total, consensus. Poland and Hungary continue to oppose the common policy and are so aggressive that the Hungarian President, Viktor Orbán, even said upon arriving in Granada, with a regretful expression, that they considered themselves “lawfully violated.”
Given that Austria, Slovakia and the Czech Republic abstained, the way forward will not be easy. What has been agreed must now be left to negotiations between the Commission, Parliament and the European Council. And it can be expected that this will be the subject of new battles to try to harden it. Immigration has become a polarizing element of politics in many countries. Parallel sessions held in Granada on the initiative of the British and Italian prime ministers outside the official agenda show the extent to which it has become a subject of dispute that could monopolize the European elections in June 2024. The danger of a reversal is clear. Therefore, what has been agreed should be celebrated as progress, although important shadows remain regarding how it will be implemented in situations of migration crisis. Among them are the obstacles that humanitarian organizations working in the Mediterranean may face and the danger that some of their actions could even be criminally prosecuted.
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