Regulation (EU) 2024/1359 addressing situations of crisis and force majeure in the field of migration and asylum

What it is

to create a new legislative instrument to provide for temporary and extraordinary measures in situations of crisis and force majeure in the field of migration and asylum. PURPOSE: PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: the New Pact on Migration and Asylum ’s goal of putting in place a comprehensive and robust migration and asylum policy is the best protection against the risk of crisis situations. In situations of crisis, Member States might need a wider set of measures in order to manage a mass influx of third-country nationals in an orderly fashion and contain unauthorised movements. Such measures should include the application of an asylum crisis management procedure and a return crisis management procedure. The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Juan Fernando LÓPEZ AGUILAR (S&D, ES) on the proposal for a regulation of the European Parliament and of the Council addressing situations of crisis in the field of migration and asylum. As a reminder, this proposal seeks create a new legislative instrument to address situations of crisis and force majeure in the field of migration and asylum within the Union. The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows: According to the report, the Regulation should deal with crisis situations in the field of migration and asylum within the Union and provide for specific temporary rules derogating from the general framework. This Regulation would establish a crisis response mechanism, aiming at alleviating the pressure on Member States facing a situation of crisis, ensuring the fair sharing of responsibility and protecting the rights of the applicants and beneficiaries of international protection. Members proposed that the solidarity mechanism should ensure a fair sharing of responsibility and a balance of efforts between Member States. When Member States are confronted with a situation of crisis, they should receive swift support from other Member States through a fast, fair, and efficient mandatory relocation mechanism. A crisis situation would be confirmed by the Commission, in consultation with the Member State concerned and the relevant EU agencies. Taking into account various migration-related indicators, such as the geopolitical situation in third countries affecting migratory movements, the Commission would determine the necessary support measures. These will include additional capacities, but also mandatory relocations. To ensure a smooth functioning of the relocation of applicants and beneficiaries under this Regulation, and in view of coordinating and optimising all relocation efforts, the new EU Relocation Coordinator should endeavour to prioritise vulnerable persons, in particular unaccompanied minors, and beneficiaries of prima facie international protection in the relocation transfers. The EU Relocation…

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