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Tag: European Commission

Migration post-Covid

  • September 2020
  • Ioanna Karagianni

Migration Post-Covid

Aiming for a successful EU Pact on Migration and Asylum

Source: WikiMedia

Migration has been a hot potato for the EU Member States’ politicians and for the EU itself. Since 2008, the numbers of asylum seekers in Europe have been massive, but the EU has been unable to manage the situation successfully due to old policies and due to discrepancies between the EU Member States’ responses to the highly politicized migration topic. With the rise of the corona virus epidemic, migration has been somehow put aside; however, it is still a phenomenon and will continue being one that the EU will have to deal with eventually.

 

In January, the European Commission’s (EC) new work program was published. Under the fifth priority – ‘Promoting our European Way of Life‘, the EC announced its plans to launch a New Pact on Asylum and Migration. President Von der Leyen in her State of the Union (SOTEU) speech announced that the delayed pact will be presented next week. As it has already been described, “the pact will acknowledge that internal and external aspects of migration are interconnected and will strive for more resilient, more humane and more effective migration and asylum system, which will also underpin confidence in the Schengen area of free movement”.

 

A range of leaked papers have showed that the EC’s plans  are but a renewed guide of responsibility sharing among the EU Member States. This is something that is indeed missing, but there is a wide agreement that the EU needs to be more ambitious. Especially after the latest incidents at the Moria camp in Greece, the EU Member States need to better share their responsibility, as Von der Leyen pledged today in her SOTEU speech.

 

The big migration flows have taught us a lesson about solidarity among the EU Member States, the EC President called upon in her speech. The EC, together with the German EU Presidency and its ability to influence Member States in this critical moment, need to urgently push for a harmonization in the responses of the Member States, especially the most reluctant ones’. Member States need to be persuaded that they should contribute to  the refugees’ and migrants’ relocations, prioritizing women and unaccompanied minors.

 

Furthermore, it is  important that the right to asylum is reinforced. The EC needs to put more pressure on EU Member States to fulfill their obligations under EU and International Law. All applicants for asylum need to be allowed and be assisted to have appropriate interviews with the relevant authorities, while also their right to appeal needs to be protected.  Coordination between the Member States’ national authorities needs to be enhanced, along with more transparency in the spending of the resources allocated to them.

 

The new policies need not simply be a reformulation of the European border externalization policy. The past years,  most EU policies have focused on migration control and returns to third countries instead of safe and legal pathways. As the European Policy Centre has suggested, the new agreement should “consolidate the interests the EU shares with its neighbors and live up to its rhetoric of building ‘a true partnership of equals’ with developing regions”. In addition, human rights risk assessments and developing risk mitigation strategies can be another way to protect the ones fleeing back to dangerous and conflict affected areas. As the Council of Europe has recommended, ‘this should be complemented by monitoring mechanisms and an effective system of redress. The possibility of public scrutiny of (planned) co-operation activities and their results is also a crucial element for improving human rights safeguards’.

 

The European Commission needs to live up to its promise to effectively protect the vulnerable and to act according to international law, especially in the context of the current pandemic which has both revealed and created more vulnerabilities and has added to the already  complex migration situation. Because, as the political guidelines of Ursula Von der Leyen read, ‘Europe will always honour our values and extend a helping hand to refugees fleeing persecution or conflict – it is our moral duty.’

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Law and Order

  • August 2020
  • Ioanna Karagianni

Law and Order

The case of Poland and the EU’s need to show leadership

Source: Flickr

Particular concern has been caused in the wake of Poland’s decision to withdraw from the Council of Europe’s (CoE) Istanbul Convention, the first binding instrument in the world on combating violence against women, which the country signed in 2012 and ratified in 2015.

 

The Polish Justice minister, Zbigniew Ziobro, said that he would start the procedures to withdraw from the Convention. He  claimed the text  is “harmful” because it requires that schools teach children about gender from a “zoological point of view,” and continued that “this ideological element is linked to the imperative to change education in schools and outside of school programs, in terms of learning, attitudes, convictions of the young Polish generation of students to make, in our opinion, the false assumption that biological sex is archaic, and in fact everything comes down to the socio-cultural gender.”

 

Ziobro also expressed the Polish government’s dissatisfaction with the articles of the Convention which deal with  family relationships in the LGBT context, noting that it is “a view propagated by activists from left-wing or homosexual circles who want to translate their beliefs into binding law.” These statements have caused rage in Poland, with people protesting in the streets, and with the Council of Europe (CoE) and the European Union (EU) reacting too – but, for the moment, only with words.

 

CoE Secretary General Marija Pejčinović Burić  said Poland’s intention was alarming and reiterated that the sole objective of this instrument is to combat violence against women and domestic violence She encouraged a dialogue with Poland in case they  misunderstand  the Convention’s scope. She also noted that leaving the Convention “would be highly regrettable and a major step backwards in the protection of women against violence in Europe”.

 

European Commission (EC) First Vice President Frans Timmerman reacted saying “Let it sink in: one out of every three women is victim of domestic violence. Thousands die, many more are marked for life. If combating that atrocity is an ‘ideology’, sign me up!” European Commissioner for Equality Helena Dalli also said that such decisions would be deeply regrettable and urged the EU Member States to protect women.

 

The European Parliament (EP) has already expressed multiple times dissatisfaction and concern with Poland’s wrongdoings in the fields of the rule of law, human rights and democracy.  A Polish Member of the European Parliament (MEP) Sylwia Spurek (S&D) described that over 60 percent of Polish women are against withdrawing from the Convention. She demanded to know on whose behalf the government actied  when they denounced the Convention. Irish MEP Frances Fitzgerald (EPP) stressed that the sole role of the Convention is to fight violence against women and said that ratifying it was “essential”. Belgian MEP Guy Verhofstadt (Renew Europe) called Poland’s decision “scandalous”. German MEP Terry Reintke (Greens) expressed solidarity with all those who fight back regression, and Spanish MEP Eugenia Rodríguez Palop (GUE/NGL) said that Poland’s actions do not come as a surprise, as it is known that  many women   become victims of domestic violence in that country.

 

The EC in its Gender Equality Strategy 2020-2025 has reiterated its intention to do all it can ‘to prevent and combat gender-based violence, support and protect victims of such crimes, and hold perpetrators accountable for their abusive behaviour’. Furthermore, the new EC has been aiming to create an additional comprehensive Rule of Law Mechanism, and has as one of its priorities to have close dialogues with European Member States on the basis of law. The situation with Poland gives the opportunity to the EC to actually put this in practice, resolve the issue and strongly encourage the country to remain a member of the Convention.

 

In case the European Union’s (EU) accession to the Istanbul Convention continues remaining blocked in the Council, the EC itself needs to keep intact its intentions to propose measures against violence to achieve the same objectives as the CoE Convention, and it needs to re-examine the issue of conditionality and compliance to the rule of law when it comes to EU funding. It is also urgent that the MEPs have a greater role and say in the decisions of the EC itself as the institution reflecting the national parliaments’ theses, and as this would anyway coincide with the plans of the EC to ensure the EP’s greater role in the rule of law mechanism.

 

It is urgent to deal with this now, because Poland’s situation is not unique: similar attitudes can be found in Hungary as well as in Slovakia, where the parliament has rejected the Convention claiming that it is not aligned with the country’s constitutional definition of marriage as a heterosexual union.

 

As the political guidelines of Ursula von de Leyen read, ‘threats to the rule of law challenge the legal, political and economic basis of how our Union works. [..] We have a common interest in resolving problems. Strengthening the rule of law is a shared responsibility for all EU institutions and all Member States’. The situation with Poland constitutes an opportunity for the EC to show real leadership and to confirm it sticks to its promises, does not make compromises, and always defends the EU’s core values.

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Albania’s European Path

  • June 2019
  • Flamur Gruda

Albania’s European Path

Progress being made in strengthening the rule of law, yet the EU is seeking more

 

Source: Pixabay

 

 

Would you rather have a constitutional court that is filled with corrupt judges, or a court that is composed of vetted and trusted officials?  This is the dilemma that Albania faces, on top of the prospect of starting membership talks for EU accession.

 

Albania is a young democracy: its transition from a communist state occurred during the early 90s. The transition to a free market economy and a fully-fledged democracy has been difficult yet promising for the Albanians. The European Union (EU) officially recognized Albania as a potential candidate country to the Union in 2000. In 2009, the Council of the EU asked the European Commission to start an assessment on possible membership. On June 23, 2014, Albania was granted candidate status. In 2018, the European Parliament (EP) and the European Commission gave a positive assessment for Albania to start full membership negotiations.

 

The Council of the EU, however, did not want to proceed with the negotiations. Notably, France, Denmark, and the Netherlands preferred to wait until June 2019. They hoped to see Tirana implement further reforms – including judicial reform, and especially the fight against organised crime and corruption.

 

The Progressive Alliance of Socialists and Democrats of the European Parliament held a conference hosted by MEP Knut Fleckenstein, the EP’s standing rapporteur on Albania.

This conference reminded the relevant stakeholders that Albania had made progress towards integration in justice reform, combatting organised crime, and overall, had seen improvement on the rule of law.

 

Albanian Interior Minister of Albania Sander Lleshaj, Deputy Minister for Europe and Foreign Affairs Artemis Malo, and the Minister of Justice, Etilda Gjonaj, were invited to demonstrate the progress and improvements that the Albanian government had undertaken in order to allow for accession talks to begin.

 

 

What does Tirana have to say about its progress?

Some important steps have been taken by Albania in order to strengthen justice reforms and to consolidate an independent and impartial system.

 

Albania was a known cannabis producer and exporter. In 2016 alone, according to Minister Malo, more than 500,000 plants were seized by Albanian authorities. Albanian special forces, with Italian assistance, have been able to reduce those figures drastically. By 2018, Albanian and Italian surveillance found evidence of only 750 remaining plants to be seized. This represents a dramatic improvement and the success of the observation missions.

FRONTEX, the European Border and Coast Guard Agency has launched its first ever deployment outside of an EU member state in Albania. This also represents a strengthening cooperation between Albanian and EU authorities.  Minister Lleshaj highlighted that Albanian authorities stopped more than 20,000 people from crossing the border illegally last year, and this is seen as positive not only for Albania but also for the EU, as migration flows are being halted.

Albanian citizens show very high approval rates in social surveys regarding perception of the EU and willingness to integrate. According to Minister Malo, almost 93% of Albanian citizens support further integration and membership into the EU. This is particularly striking compared to other countries in the region, such as Bosnia and Serbia.

With regard to foreign policy alignment with the EU acquis, Albania has been 100% aligned with EU foreign policy positions. This is staggering when compared to current candidate member Serbia, which is only 51.8% aligned.

 

 

 

 

 

 

 

 

 

 

 

 

Minister of Justice Etilda Gjonaj; Photo: PS Alb 2019 

 

CFEP: What are the main conditions to ensure accountability and transparency when it comes to the vetting process in the judicial system?

Minister Gjonaj: There are two main levels of transparency, firstly the vetting process has the same jurisdiction as the Supreme Court and the Constitutional Court of Albania. If an appeal is needed, then it can go to the ECHR, the European Court of Human Rights for validation. The second mechanism is entrenched in the Albanian Constitution through the IMO (International Monitoring Operation). It is responsible to verify the candidates to make sure they meet all of the requirements. The Ombudsperson is also responsible to verify the criteria.

Albania is also the only country that has been required to have a judicial monitoring program like the IMO from the European Commission.

 The main aim of the vetting process is to guarantee the functioning of the rule of law and the independence of the judiciary in Albania

The vetting process Albania is currently undertaking involves three criteria:

  • Inspection of Assets: all judges and prosecutors in duty are obliged to fill out and deliver an official declaration of assets and all relevant documents justifying their authenticity and lawfulness
  • Background Information: to verify whether the person in question has (or has had) inappropriate contacts with persons involved in organised crime. Intelligence agencies will be responsible for helping the vetting bodies undertake this assessment
  • Proficiency Assessment: to evaluate if the vetting subjects have performed their ethical and professional activities in compliance with the legislation in force. Starting from January 1st, 2006 for subjects who have had more than 3 years of professional experience or, for those with less than 3 years of experience, from the moment in which they started their mandate.

 

 

Albania has undertaken comprehensive justice reforms, such as the vetting process mentioned above, which initially benefited from assistance by the US State Department, the FBI, and the European Commission. The vetting process has been put in place in order to ensure transparency and build trust in the judicial system. Out of a potential 800 candidates, judges and prosecutors, around 148 have gone through the vetting process. To date 118 public officials have been dismissed and another 36 cases are under investigation. This proves that the vetting process is actually working, although slowly. The Albanian government has also doubled the salaries of judges and prosecutors in the justice system to incentivise justice officials to carry out honest and sincere work. Nowadays, justice officials are paid some of the highest salaries in the country. Minister Gjonaj stated that Albania does have the political will to implement justice reforms, as demonstrated through the vetting process.

 

“The implementation of the justice reforms is about sustainability in the long run, and also for the greater benefit of the Albanian citizens, regardless of whether Albania receives an opening date for accession talks this June, or at a later time”, said Minister Gjonaj.

 

One of the main sticking points for Albania has been the nomination of Constitutional Court Judges. Currently there is only one sitting judge that has been able to pass the vetting procedures. All eight other remaining seats are vacant, and this has created a constitutional crisis. Minister Gjonaj said that the vetting procedure would take some time and they are hopeful that the vacancies will be filled by July of this year. Albania is currently moving towards a more transparent judicial system and a high degree of accountability. However, they remain in the transition phase, which is inherently time consuming.

 

 

Has enough progress been made for the Council to give Albania the green light?

 

Both the European Parliament and the European Commission expressed a positive opinion towards Albania’s accession talks in both 2018, and the new report in 2019.

 

Donald Tusk, the president of the European Council, has urged EU members to start the negotiation process with Albania and North Macedonia without further delay. President Juncker of the European Commission has stated: “Albania made considerable progress on this road towards the EU. This is a testament of a determination and strength of the Albanian people”. Juncker also added that “any decision on the opening of the negotiation is based on merit and tangible results in the necessary areas, adding that for the European Commission based on an objective assessment Albania is ready for the next step.”

 

 

 

 

 

 

 

 

 

Edi Rama & Jean-Claude Juncker; Photo: European Union 2019

 

 

The decision now rests with Member States in the Council. The Dutch Parliament voted 105 out of 150 against the opening of accession talks with Albania. The Dutch Parliament has voted to deploy the ‘ Emergency Brake Mechanism‘ because of concerns about rising criminal activity by Albanian nationals in the country. They passed a motion asking the Dutch government to request that the Commission launches the visa waiver suspension mechanism. This could potentially lead to a suspension of Albanians’ Schengen travel rights.

 

The Albanian government has been working to alleviate the concerns of the Netherlands and the other member states, with respect to combatting organized crime. The progress against organized crime is highlighted throughout High Representative Federica Mogherini’s Report for the Council, and so this is clearly a top priority for the EU.

Inviting Albania into the negotiating process may create an impetus for reforms, which could in turn increase the level of accountability for the state structures.

 

Many challenges still remain for Albania and more needs to be done in order for Albania to join the European Union. The fight against corruption, organized crime, and creating a completely independent judicial system are the main priorities for Albania. Albania has taken heed of the advice given by the Council last year. The Prime Minister of Albania Edi Rama, during his meeting with President Juncker, noted “the EU should act geo-strategically, geopolitically, and based on the merit of the countries. If the countries deserve it, the EU should not deny it”.

 

 

 

 

Published by: Flamur Gruda at the Centre for European Progression in Brussels

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