In the struggle to reform asylum law in the European Union, the member states have resolved the last major point of contention. Agreement on the so-called crisis regulation was reached at the level of EU diplomats on Wednesday. This sets rules in the event that a country is affected by exceptionally high numbers of refugees. Refugees can then be held in camps for months and their rights are massively restricted. Last week, the German government cleared the way for the Greens after a “word of power” from Chancellor Olaf Scholz. The Italian government’s final objections have now been dispelled.
Giorgia Meloni’s government had the impression that the Spanish Council Presidency had gone too far towards the Germans with its compromise paper last week. It was primarily about the work of private sea rescuers. Ultimately, it was agreed on cosmetic corrections, but what was important to the German government remained in the text, albeit less prominently: operations by civilian sea rescuers cannot be used to activate the crisis regulation. Only the governments of Poland and Hungary voted against the compromise; Austria, the Czech Republic and Slovakia abstained.
What was decided on Thursday is not automatically law. Rather, the governments agreed on their position on the draft law presented by the Commission. The Crisis Ordinance is the final component of an asylum package comprising ten legal texts. The final negotiations on the entire package with the European Parliament can now begin. They should be completed before the European elections – as a sign that the EU is finding joint means to reduce the number of refugees arriving in Europe.
The Greens had vetoed it for weeks, but now an open dispute is breaking out
The reform is intended to ensure that all refugees are registered at the external borders and undergo a security check. Asylum seekers with little chance of success can be held in camps for twelve weeks and then deported from there after a fast-track procedure. The Member States must determine the case of a “migration crisis” by a qualified majority (around two thirds). Then, in extreme cases, all refugees could be interned for months.
Because of these tough rules, the Greens had vetoed them for weeks. Interior Minister Nancy Faeser (SPD) no longer made any fundamental corrections. She considers it a success that the crisis is now defined as truly “extraordinary” and she also negotiated humanitarian relief into the text. Faeser said on Wednesday that she was happy that the federal government had been able to enforce “its ideas of humanity and order.” Foreign Minister Annalena Baerbock, Green spokesman on migration, made similar comments.
However, an open dispute is now breaking out among the Greens. The party’s internal Federal Working Group on Migration and Refugees said on Wednesday that it was “appalled” by the party leadership’s course. The reform provides for a “historically unprecedented tightening of the asylum law applicable in the EU”. Contrary to the claims of the party leadership, those seeking protection from countries such as Syria or Afghanistan could be locked up in camps at the external borders and deported to countries outside the EU without examining their reasons for fleeing. That is the “task of the green core positions”. The party leadership ignores party decisions and tries to “settle the base internally” with false allegations.
EU leaders will address migration issues at their summit in Granada on Friday. The agreement with Tunisia is also likely to play a role. The EU is offering the country a total of one billion euros in financial aid, linked to the expectation that migrants will be prevented from crossing to Italy. However, Tunisia’s President Kais Saied now appears to be questioning the agreement. Tunisia doesn’t want any “handouts,” he said recently.
The EU Commission announced on Wednesday that it was in contact with the Tunisian government and would continue to breathe life into the agreement. It was only on Monday that 60 million euros were paid to Tunis as economic aid as agreed, and another 67 million euros, intended as help in dealing with migrants, are to follow soon. There is speculation in Brussels that Saied is playing poker for more money and that he is also under domestic political pressure. Members of the opposition he suppressed criticize that the EU is displaying “colonialist behavior.” An interview with French President Emmanuel Macron in particular caused anger. He demanded that, in addition to money and materials, the EU should also send its own experts to Tunisia to support the Tunisian coast guard.