Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-11-24-Speech-2-341"
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"en.20091124.33.2-341"2
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"Mr President, honourable Members, I would like to begin by thanking you for the opportunity to come here today to debate this important issue. Judging by the questions that have been raised by some Members, it is clear that this is an issue that gives rise to a certain amount of concern. I hope that I can clarify the Council’s view on this matter today and answer your questions.
Mr President, honourable Members, the Community policy for removal is, of course, important, but it is only one aspect of a comprehensive migration policy. The European Pact on Immigration and Asylum, which was adopted by the European Council in September of last year, confirms the Union’s commitments to the global approach to migration. This means that migration issues should be an integrated part of the EU’s external relations and that efficient management of migration must be uniform. This also requires a close partnership between the countries of origin, transit and destination.
The Stockholm Programme that we debated earlier this afternoon will, of course, confirm and further develop this overarching strategy.
The rule of law and respect for human rights and the fundamental freedoms are fundamental principles for cooperation within the European Union. They must be the guiding principles for the Member States’ cooperation within the Union. These principles are, and must also continue to be, the starting point for cooperation in the area of asylum and migration.
The EU’s cooperation in the area of migration has developed quickly over the last few years and includes a number of different legislative acts and other types of measures. With regard to the rights of asylum seekers, I would like to draw your attention to the basic aim of cooperation on asylum. The goal of this work is to create a common European asylum system that will provide people with protection in accordance with the Geneva Convention relating to the status of refugees and other international treaties relating to people in need of protection. Within the framework of this cooperation, there are provisions for being able to offer subsidiary protection and provisions relating to the asylum procedure, reception and return. The provisions cover the whole asylum area and form the basis of the common European asylum system.
The key legislative acts in the area of asylum are the Dublin Regulation establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection, the Reception Directive, which lays down minimum standards for the reception of asylum seekers, the Qualification Directive, which concerns minimum standards for when a third country national should be regarded as in need of international protection, and the Asylum Procedure Directive on minimum standards on procedures in Member States for granting and withdrawing international protection.
All of these legislative acts are currently under review with a view to further approximating the Member States’ legislation in this area in order to make it more complete and efficient. The proposed amendments will be decided on by means of the codecision procedure, which means that we will have a broad political basis for the development of the common European asylum system.
Well-managed migration involves both creating opportunities for people to lawfully enter the European Union and being able to send back those who do not fulfil the conditions for entry to, and presence in, the territory or who have no grounds for asylum. With regard to the fundamental rights of those who do not have the right to stay within the Union, I would like to refer, firstly, to the general legal principles that must form the basis for all of the EU’s activities and, secondly and more specifically, to the rules that apply to the return of third-country nationals who do not have the right to enter and stay legally in a Member State. These rules are laid down in the Return Directive, which was adopted by the European Parliament and the Council in 2008. The directive is the first important step towards legislation that aims to provide justice and transparent procedures to achieve a more effective policy on return at European level. One fundamental principle for the work relating to return is that it must have legal certainty and be humane and efficient.
The work relating to return also includes provisions on joint removal flights. The Council Decision on the organisation of joint flights for removals of third-country nationals who have not been granted a residence permit or asylum was adopted in 2002 within the framework of the return action programme. The arrangement of joint flights is an efficient use of resources and helps to improve the operational cooperation between Member States. However, I would like to emphasise that it is not about enforcing collective deportation decisions. It is a cooperative measure designed to utilise the capacity of the Member States more efficiently. The common guidelines that accompanied the Council Decision state that joint flights can be organised for persons who do not or no longer fulfil the conditions for entry to, presence in or residence on the territory of a Member State of the European Union. The organising Member State and each participating Member State shall ensure that the legal situation of each and every one of the returnees for which they are responsible allows for removal.
The Regulation establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union also permits this authority, namely Frontex, to provide the Member States with the necessary support in organising joint measures for removal. In October of this year, the European Council also called on Frontex to examine the possibility of financing joint flights for removals.
All of these measures are intended to ensure that international protection is available for those who need it and that the return of third-country nationals who are unlawfully present within the EU is carried out in a legally certain and lawful manner. The use of joint flights for removals does not entail the violation of the principle of non-refoulement or the circumvention of the requirement for cases to be examined on an individual basis. The Member States are expected to take account of the particular circumstances of each person who is the subject of removal, including any application for international protection. This, of course, also applies to people who have come from Afghanistan."@en1
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