The Odysseus Network announces the launch of the “EU Migration Law Chronicle“. Complementary to our Blog, the chronicle will regularly provide a review of the news in EU migration and asylum law and policy.
The Chronicle has two goals. Firstly, to provide stakeholders with a centralised source of information about news related to migration and asylum presented from a legal point of view. It will cover communications and legislative proposals from the Commission, conclusions from the (European) Council, reports & resolutions from the Parliament, and rulings and opinions from the Court of Justice as well as the European Court of Human Rights, including important national-level events with a European dimension. Secondly, it will provide context and brief preliminary comments by specialists on the legal issues raised.
The chronicle will offer a chronological overview of the developments of EU migration and asylum law to allow readers to find easily what happened and when, with a thematic search tool to find information. Quoted documents will be accompanied by hyperlinks to facilitate access. A “comments” function will give readers the possibility to react and engage in a debate.
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STATE OF THE UNION SPEECH: ONCE AGAIN REACTIVE RATHER THAN PROACTIVE!
16 September
See below excerpts of SOTU related to migration with our comments.
“Honourable Members,
Throughout this speech, I have spoken about the need for Europe to act together. Or risk being pulled apart. Once again this summer, this reality was tested at our borders.
From our Eastern borders to the shores of Crete and right across the Mediterranean. And of course, with the crisis in Ceuta. These events are different in nature. But they have two things in common. The first is that vulnerable people are being exploited. By callous traffickers and smugglers. By our adversaries. This is why we have proposed a sanction regime to hit criminals where it hurts most.
This brings me to the second parallel.
All of our external borders are European borders. So, I want to address the people of Spain directly. Ceuta’s border is a European border. Because Ceuta is Spain. Ceuta is Europe. And Europe will be there for you.
The point is that the only solution is a European solution. And that is the Pact on Migration and Asylum. After years of work, we finally have a common European framework. One that gives responsibilities to all — and that demands solidarity from all. And it now needs to be fully implemented. We are on the right way. We have seen a 55% reduction in illegal arrivals over the past two years. And a further 35% drop this year. That is real progress”.
Contradictory to praise the Pact as the European solution alluding to recent events in Ceuta and commending progress over the past 2 years! It entered into force only in June 2026. Reduction of illegal arrivals and asylum applications due to EU cooperation with third countries goes back to several years before.
“But the events of this summer show that our tools need to evolve — especially for emergency situations. Europe need the means to protect its borders at all times. Especially in scenarios when mass movements are engineered and weaponised. This is why we will propose a new European Emergency Response Framework. It will only be triggered under a strictly defined set of criteria. And in those cases, it will allow for a time-limited and strictly defined flexibility of standard procedures.”
Is this proposal about the Crisis and Force Majeure Regulation’s inadequacy adopted only 2 years ago by seeking to remedy its failure from its inception? Or the incapacity of the EU to foresee for once what’s needed? It echoes the temporary suspension of asylum observed in Poland and Greece. Despite a “strictly set of criteria” and “time-limited and strictly defined flexibility of standard procedures”, Commission may propose more derogations impacting the right to asylum and the principle of non-refoulement, remembering its communication on countering hybrid threats from the weaponization of migration and strengthening security at the EU’s external borders!
“The message from Europe is clear: We will always comply with our values and fundamental rights. But we will never compromise on protecting our borders. It is us, European, that decide who comes to our Union and under what circumstances. And not the smugglers and the traffickers.
This is why we also step up our work to strengthen Frontex — especially to speed up returns. We will improve our early warning systems — also in partnership with third countries. We will ensure that we can detect and anticipate online. ”
Gear up for the 5th expansion of EBCG power since its inception in 2004. And wonder how Frontex can “speed up returns” when Member States cannot! Answers should come with the legislative proposal amending its regulation to be presented soon.
Regarding early warning, one can think of improving Frontex European Monitoring Room in Warsaw, including capacity building to strengthen Eurosur. Also the “EU mechanism for preparedness and management of crises related to migration” (a tool ignored by academics and lawyers because it is only soft law) that already foresees third countries’ participation. Remember the early warning mechanism that had been included in article 33 of the Dublin III regulation that never worked and let us hope it will this time be the right one!
Online monitoring is also linked to Ceuta’s events impulsed by rumours on social medias that the EU does not keep enough under surveillance. Former Commissioner Thierry Breton has explained very clearly in an excellent paper (yes it is in French but really worthwhile to read or translate by AI) about what he calls the first hybrid algorithmic attack against an EU external border that the European Digital Service Act offers to anticipate… if it is used!
“And finally, we will keep tackling the root causes of illegal migration.”
“We need to work together with our neighbours to boost investment. To offer young people meaningful prospects — so they are not compelled to gamble with their lives. Jobs, skills, training, apprenticeships. This is why I am announcing today a new Mediterranean Youth Skills and Jobs initiative.
Honourable Members,
This is how we can reduce illegal migration. Uphold the rights of individuals seeking protection. Facilitate safe, legal migration with new Gateway Offices in partner countries. And defend the freedoms of our Schengen area. But above all, it proves that Europe can act together.”
“Finally” like the Commission President says rightly! Tackling root causes of migration already foreseen by the Tampere conclusions of the European Council 25 years ago is nowadays forgotten for the benefit of a short-term approach aiming at fighting irregular migration by cooperating with third countries on basis of policies balancing from carrots to sticks. See for instance the EU-Tunisia MoU offering EU money in exchange of pullback of migrants by Tunisia.
Ceuta reminds, if necessary, young Moroccans desperately ready to emigrate because of unemployment and poverty. Announcing a Mediterranean Youth Skills and Jobs Initiative is more than welcome, but has this not yet been included in the Action Plan of the Pact for the Mediterranean and, if not, why? More fundamentally, does the EU have the means of its ambitions to impact the situation in third countries?
Facilitating safe legal migration with gateway offices like the first one created in India for the ICT sector is all the more welcome as the EU is actually doing very few in its cooperation with third countries in this area. Including making promises not becoming reality like the Migration and Mobility Partnerships concluded 15 years ago (see the one for Morrocco) under the Global Approach to Migration and Mobility! (see an Odysseus blog post here).#Policy #EU Commission #SOTU #Pact #Frontex #European Emergency Response Framework #Mediterranean Youth Skills and Jobs initiative
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