Karner's proposal
Return of migrants to be accelerated
Austria is fighting at EU level to speed up the return of migrants. Together with the Netherlands, Interior Minister Gerhard Karner is proposing an amendment to the almost 20-year-old EU Return Directive in order to "initiate a paradigm shift in returns".
The European interior ministers are meeting in Luxembourg on Thursday. One of the issues on the table is illegal migration. Austria and the Netherlands are proposing innovations for returns. For example, people without protection status should be obliged to be ready for their return and return procedures should be simplified.
In addition, the newly formulated legal text should not leave much room for legal interpretation. The paper from Austria and the Netherlands is supported by 15 other countries.
"A fairer asylum system"
"A fair and credible asylum system requires consistent deportations. People who are not allowed to stay must fulfill their obligation to leave the country. Those who do not cooperate must expect consequences," says Interior Minister Gerhard Karner.
The proposals are supported by a total of 15 other states and were sent to the Commission at the end of the week. The agenda of the EU Council of Interior Ministers on Thursday also includes discussions on the situation in the Schengen area, the timetable for the electronic registration of people entering and leaving the EU as well as the fight against drug trafficking and organized crime.
Meeting with the Hungarian Minister of the Interior
Away from the summit, Karner will also hold bilateral talks with the Hungarian Interior Minister Sandor Pinter, who currently chairs the Council. "We are continuing to drive forward the development of a stricter and therefore fairer migration policy in Europe. As with the asylum procedures in third countries and the discussion on deportations to Syria and Afghanistan, the initiative this time also comes from Austria. Europe must carry out faster and more deportations," says Karner.
France announces stricter asylum regulations
More and more countries in Europe are taking a tougher stance. For example, the new French Interior Minister Bruno Retailleau said at the weekend that he sees the need for asylum applications to be examined in safe third countries outside the EU. In addition, he wants to negotiate agreements with third countries whereby illegal migrants who have demonstrably crossed them or have family ties there can be sent back (even though they are not citizens of the third country). He cites Kazakhstan or Uzbekistan as examples for Afghan citizens. He will nominate a chief negotiator for such agreements in the near future.
ECJ ruling on Afghan women causes outrage
He also wants to renegotiate the Return Directive. The current version, which stipulates a deadline for the possibility of voluntary return, would make an efficient return policy virtually impossible, especially as those affected go into hiding. In view of these developments, a recent ruling by the European Court of Justice, according to which all Afghan women have a blanket right to stay in Europe, is causing bewilderment. Renowned lawyers are calling for a rethink in European asylum jurisdiction.
"The traffickers just have to make sure that they bring women from Afghanistan to an EU country. Then the members of the nuclear family will join them via family reunification," says Innsbruck-based European law expert Walter Obwexer. He called for a change in case law in order to prevent "the entire structure of fundamental rights protection with the ECHR and Charter of Fundamental Rights as well as the ECtHR and ECJ from being called into question as a result of political pressure".
Former President of the Supreme Court Irmgard Griss expressed a similar view. The decision was in line with previous case law and was "consistent", but the circumstances had "changed enormously" in the meantime. A "certain correction" of ECJ case law on migration issues is therefore "necessary", said the former NEOS MP. "You also have to take the attitudes of the population into account. Otherwise, trust in case law and the reputation of the courts will be damaged
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