Frane Staničić, a professor from the Faculty of Law in Zagreb, in a conversation about the migration challenges facing the EU, points out that the current legal system does not provide adequate answers to the crisis, which is acute and threatens the future existence of „Europe without borders”. With colleagues from Slovenia, the Czech Republic, Slovakia, Poland, Serbia, Hungary and Romania, he participated in the project „„Migration Challenges – Legal Responses“ led by the Central European Academy from Hungary, as part of the „Central European Professors’ Network”. The final conference will be in Zagreb in February.
It seems that the asylum system is legally regulated for some past times when there was not such a massive influx of asylum seekers to the EU?
The common European asylum system has failed to respond to the challenges that have arisen since 2015. This system was not designed to „tame” such a massive influx of refugees, except through the system of temporary protection that was activated only after the large influx of refugees from Ukraine, because it is an institute which is activated with a political agreement, and this agreement, for example, was absent during the Syrian refugee crisis. Accordingly, the Dublin asylum system did not function properly because states avoided registering migrants/asylum seekers in order not to have all other states return to them those who entered the EU for the first time on their territory (the state is responsible for the asylum seeker in which the applicant entered the EU territory for the first time). Since 2011 and the Italian-French conflict, the countries on the external border, especially Italy, are under much greater pressure than the so-called „internal states”, which creates dissatisfaction and political conflicts within the EU.
What does the Pact on Migration and Asylum mean for Croatia and what will happen to asylum seekers who requested asylum in the Republic of Croatia and moved on if the countries where they seek a better life send them back?
The agreement on the Pact means that the EU was forced to accept the fact that its current legal framework, as well as its worldview regarding migration and the right to asylum, is neither adequate nor universal. It has become painfully obvious that the coercive quota system also does not work due to the opposition of Member states and that there is no effective way to force them to accept it without serious internal problems at the EU level. As for the Republic of Croatia, we are facing an unprecedented migratory pressure which, if we compare 2018 (8,207 illegal entries) and 2023 (over 60,000 illegal entries), has increased by an incredible 631% in just five years. We are also facing an unprecedented number of asylum seekers (in 2023 until September 30, 54,482, while in the whole of 2022 there were 12,872 asylum requests – an increase of over 400%). This means, given the fact that the majority of asylum seekers „disappear” from the Republic of Croatia, that the possibility that another member state will return them to us in accordance with the Dublin procedure is significantly increased (610 asylum seekers were returned this way last year). Given the huge increase in the numbers, it is to be expected that there will also be a large increase in returned claimants from other countries. This will mean increased pressure on the Ministry of Interior and the need to provide accommodation, health care, etc. Of course, there will be an increased number of persons who, when they do not receive asylum, must be returned to their countries of origin, which is a big problem (the percentage of successful returns at the EU level is about 25 %).
France has passed a strict immigration law that many call anti-immigrant, according to which it is difficult for immigrants to reunify their families, those who do not work have no right to apply for social and housing assistance for five years. How about that law?
It is an indicator of a new trend that is beginning to prevail in European politics. The open-door policy in most countries has failed because there is no prospect of a reduction in migratory pressure. The growing number of migrants, the prevailing attitude of EU citizens that the integration of migrants is essential (and it is lacking), the pressure of right-wing parties and the possibility of them winning power in some countries (France, Germany, the Netherlands, Slovakia, etc.) has led to a change in the understanding of migration (even and) as a possible solution to the demographic problems facing Europe (migration cannot even be a long-term solution to demographic problems, only a short-term one – migrants also age, have fewer children than in their countries of origin, etc.). The French law is a consequence of changing trends in the perception of migration and acceptance of reality. This reality is not favourable for the protection of human rights, but it exists. Changes in the legislation must not mean a violation of the right to asylum for those who truly meet the conditions.
Germany also introduced a score-card system for obtaining a residence permit for immigrants, because priority is given to qualified workers with a prescribed minimum wage, knowledge of the German language… If they want to bring a family, they have to prove that they can support it?
The new direction in Germany, as in France, is driven by the strengthening of the right-wing AfD party and the fear of the rest of the German political scene that it will gain additional popularity with its anti-immigrant policies. Therefore, they are trying to break that trump card in such a way that the „mainstream” German policy also implements a turn in a way that tightens the migration policy. In addition, Germany wants to discourage the so-called „social” immigration that is motivated solely by the acquisition of social rights, i.e. living at the expense of the state without work.
Asylum seekers in Germany will no longer receive money, but the so-called Socialcard to pay for necessities. How to distinguish people in real need of asylum from those who abuse the asylum system, because the capacity of any country to accept asylum seekers is not limitless?
Europe is one of the best places to live on Earth. This is why it is attractive to migrants, today more than ever, due to the availability of information. But not everyone can live in Europe. No country, not even the EU as a whole, has the capacity to receive everyone who wants to live here. On one hand, there are economic migrants who do not have the „right” to enter, stay and work in the EU if they do not meet the conditions for that. On the other there are people who suffer acts of persecution and are therefore forced to leave their country of origin. Their protection is our legal and moral obligation. Of course, it is extremely difficult to distinguish one from the other. However, despite the objectively difficult task, we must enable everyone who requests asylum to exercise that right, if they meet the conditions. Each migrant/asylum seeker should be approached individually, which is what the ECtHR also requires. In conditions of mass migration, this is a terribly difficult task for our border police, who deserve every support.
