With the death of 600 migrants in April, the EU and its Member States have been working on finding a solution to a serious and pressing regional crisis. In a matter of a month several proposals, with diverging philosophical orientation, have been drafted. On the one hand, the Juncker’s proposal, initiated by the European Commission, seeks in deepening the integration process through an harmonization and homogenization of EU immigration and asylum policies. While on the other hand, the Council of the EU agreed on the creation of a military CSDP naval mission, EU Naval Force in the Mediterranean (EUNAVFOR-Med), in order to disrupt smugglers. Even thought the Juncker’s proposal addresses a long-term need, it fosters opposition in most EU Member States, while EUNAVFOR only provides a quick and superficial fix to the problem of mass migrations. So far the EU and its Member States have not found the proper answer to this crucial regional crisis.
The Juncker’s Proposal: European Agenda on Migration
The European Commission presented its European Agenda on Migration on May 13th in order to contain and solve the current crisis taking place in the Mediterranean sea. The publication of the Commission’s agenda is a reaction of the massive influx of migrants and refugees coming from Libya, a transit country (read here a previous analysis on the migration crisis). Ensuing the largest human tragedy causing the death of 600 migrants in mid-April and an extraordinary European summit meeting leading to no real lasting solutions, Jean-Claude Juncker, President of the Commission, declared on announcing its Agenda that “We will be ambitious. We will be bold.”
The Agenda produced by the Commission laid out several policies. The first one consists in finding solutions through immediate actions:
- Tripling the capacities and assets for the Frontex joint operations Triton (off the coasts of Italy) and Poseidon (off the coasts of Greece) in order to save lives;
- destroying criminal smuggling networks through a possible Common Security and Defence Policy (CSDP) operation in the Mediterranean to dismantle traffickers’ networks and fight smuggling of people. Federica Mogherini, EU foreign policy chief, was at the UN Security Council on May 11th seeking for a UNSC resolution allowing EU Member States “to deploy military force to seize and destroy smugglers’ ships before they take on their human cargo”;
- Relocation of migrants;
- an EU-wide resettlement scheme to offer 20,000 places distributed in all Member States. The EU budget will dedicate an additional €50 million in 2015/16 to solve this problem;
- Working with third countries in order to solve the root causes of migrations;
The infogram produced by EurActiv (see above) illustrates which EU Member States are the largest recipients of migrants and refugees and the main destinations. No surprise in finding Germany, France, Sweden and Italy as the main destination for migrants and refugees.
The second dimension of the Commission’s Agenda is about managing migration better on the long run.
- first, the EU wants to address the root causes of migrations, crack down on smugglers and traffickers, and provide clarity in return policies;
- second, develop better border management capabilities and increasing the power of Frontex;
- third, develop a common asylum policy at the EU level. The Commission wants to create a Common European Asylum System;
- fourth, a new policy on legal migration in order to attract skilled workers to the EU. The Commission wants to solidify a Europe-wide scheme, called the Blue Card Directive;
National Oppositions to the Juncker’s Proposal
All the EU Member States are not welcoming these new directives. For instance, the United Kingdom has announced that it would not participate in any quota scheme to distribute refugees across EU. In the case of Britain and Ireland, both countries have an ‘opt out clause’ allowing them to decide to participate or not on a specific program of this nature. The Home Office of the UK already released a statement saying that “We [Britain] will not participate in any legislation imposing a mandatory system of resettlement or relocation.” For Denmark, the country has an opt-out right where they do not participate at all. “The exemptions granted to the three countries are making it difficult for the commission to impose binding quotas on the 25 remaining EU member states, EU sources told AFP.”
The position of several EU Member States challenges the concept of European solidarity. “The European Council clearly stated that we need to find European solutions,” said First Vice-President Frans Timmermans “based on internal solidarity and the realisation that we have a common responsibility to create an effective migration policy.” Dimitris Avramopoulos, Migration, Home Affairs and Citizenship Commissioner, underscored the same message when saying that “In a spirit of greater solidarity, we are determined to implement a comprehensive approach that will improve significantly the management of migration in Europe.”
France already announced over the weekend that it was against the provision (read here a piece by Politico on France’s position). In case the quotas were to be implemented, “France would be asked to accept 14.17 percent of all those who reach the EU, while Germany would receive 18.42 percent, Italy 11.84 percent, and Spain 9 percent.” Instead France would be in favor to increase the number of asylum seekers. “Asylum is a right, attributed according to international criteria …” said French Prime Minister Manuel Valls, “That is why the number of its beneficiaries cannot be subject to quotas, one is an asylum seeker or not.” The Commission’s plan was rejected by seven other EU Member States, Czech Republic, Estonia, Latvia, Lithuania, Slovakia, and Poland. These ought to be added to the three EU Member States with opt-out rights like Britain, Ireland and Denmark.
The difference between the quota system and the current asylum rules is quite simple. By implementing a quota system, the Commission seeks in helping frontline states, like Greece, Italy and Spain, and sharing the burden across the EU. While the current system of asylum, established under the Dublin II, stipulates that the asylum seekers ought to ask for asylum in the country of arrival. The Commission’s plan is in fact a strategy in order to avoid frontline countries to be overflow by migrants, refugees, and asylum seekers in case of an explosion of migrating flux as predicated for 2015 and the coming years.
This agenda produced by the Commission is unlikely to be adopted as such. The foreign ministers discussed the agenda on May 18th, and will be preparing for the final plan for the June 25 EU leaders meeting.
The Military Option – EUNAVFOR to Combat Migration
Ensuing the May 18th meeting between European foreign and defense ministers, the EU agreed on the launch of a CSDP naval mission in order to stop and disrupt smugglers in the Mediterranean. In the conclusions of the meeting, the Council argued that “This [global security environment] calls for a stronger Europe, with a stronger and more effective Common Security and Defence Policy (CSDP).”
The EU naval force – EUNAVFOR Med – will be based in Rome and headed by Italian Rear Admiral Enrico Credendino. EUNAVFOR Med will cover the Southern Central Mediterranean road and work in partnership with Libyan authorities. It will receive an initial 12 month mandate and a budget of €11.82 million for the first phase. As per HR Mogherini, EUNAVFOR will follow a specific progression: first stage, planning and assessment of smuggling networks; second stage, searching, seizing and disruption of assets of smugglers within the framework of international law.
However, in order to launch the naval mission, several crucial aspects will need to be discussed and agreed on. First, the EU will need more talks, and then reach an agreement on a resolution, under Chapter VII, from the United Nations Security Council. So far, it is yet unclear if the UNSC will be granting a resolution to the EU for such type of operation off the coast of Libya as it could establish a precedent for other maritime migration routes throughout the world. Additionally, Russia has already expressed its opposition to the use of jets and helicopters for the mission. Second, the EU Member States will have to agree on whom will be providing the required military capabilities and forces. It was already a problem with the Frontex’s operation Triton, so it may be another difficult negotiations for this one.
Last but not least, some wonders about the usefulness of such military operation. For instance, “Military operations in the Mediterranean are only really likely to have any impact” said Elizabeth Collett, the director of the Migration Policy Institute Europe, to the New York Times, “as one very small piece in a far more comprehensive strategy to address smuggling.”
Another Lost Opportunity?
The migration crisis illustrates once again a central problem for the EU and its Member States, the Member States. How to solve a global crisis requiring greater cooperation and integration without deepening the EU? In other words, more Europe is necessary in order to address a crisis as a bloc, but some Member States are either calling for less Europe or are cheery-picking. The challenge of the Juncker Commission and other EU institutions is how to advance the interests of the Union when most Member States are not willing to deepen and increase cooperation at the EU level.
Picking the Juncker’s proposal would allow the EU and its Member States to harmonize their immigration policies at the EU level. Choosing the Member States’ route of military action will only be a quick and temporary fix. In any case, both proposals do not address the root causes of the problems of mass migrations from MENA and Central Africa. If the EU and its Member States want to be a ‘security provider,’ they will have to do more than a naval mission in the middle of the Mediterranean sea.