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EU: Refugee crisis: latest news from across Europe: 2.3.17

02 March 2017

EU  
Refugee crisis: latest news from across Europe
2.3.17
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Keep in touch: Statewatch Observatory: Refugee crisis in the Med and inside the EU: Daily news (updated through the day), commentaries and official documents

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Refugee crisis: Commission: Draconian Recommendations to "substantially increase rate of return"

Commission: Recommendation on making returns more effective when implementing the Directive 2008/115/EC of the European Parliament and of the Council (pdf) Publication was delayed several hours:

"The objectives of such an integrated and coordinated approach in the area of return should be to: ensure swift return procedures and substantially increase the rate of return...

put in place measures to effectively locate and apprehend third-country nationals staying illegally...

Member States should ensure that return decisions have unlimited duration, so that they can be enforced at any moment...

ensure that return decisions are followed without delay by a request to the third country of readmission to deliver a valid travel documents or to accept the use of the European travel document...

provide in national legislation for a maximum initial period of detention of six months that can be adapted by the judicial authorities in the light of the circumstances of the case, and for the possibility to further prolong the detention until 18 months in the cases provided for in Article 15(6) of Directive 2008/115/EC;

bring detention capacity in line with actual needs, including by using where necessary the derogation for emergency situations as provided for...

provide for the shortest possible deadline for lodging appeals against return decisions established by national law...

Risk of absconding

(15) Each of the following objective circumstances should constitute a rebuttable presumption that there is a risk of absconding:

(a) refusing to cooperate in the identification process, using false or forged identity documents, destroying or otherwise disposing of existing documents, refusing to provide fingerprints;
(b) opposing violently or fraudulently the operation of return;
(c) not complying with a measure aimed at preventing absconding imposed in application of Article 7(3) of Directive 2008/115/EC, such as failure to report to the competent authorities or to stay at a certain place;
(d) not complying with an existing entry ban;
(e) unauthorised secondary movements to another Member State."

European Commission pushes for returns and readmission - having given up on relocating refugees within the EU

• Press release: European Agenda on Migration: Commission presents new measures for an efficient and credible EU return policy (pdf):

"the Commission is today following through with a renewed EU Action Plan on Return and a set of recommendations to Member States on how to make return procedures more effective.....

Remove inefficiencies by shortening deadlines for appeals, systematically issuing return decisions that do not have an expiry date and combining decisions on the ending of a legal stay with the issuance of a return decision to avoid duplicate work...

Tackle abuses of the system by making use of the possibility to assess asylum claims in accelerated or, where considered appropriate, border procedures when it is suspected asylum claims are made merely to delay the enforcement of a return decision...

Prevent absconding by detaining people who have received a return decision and who show signs they will not comply such as refusal to cooperate in the identification process or opposing a return operation violently or fraudulently....

Overcoming the challenges of readmission by working to swiftly conclude the negotiations of Readmission Agreements with Nigeria, Tunisia and Jordan and striving to engage with Morocco and Algeria.

Within the Partnership Framework, employ collective leverage in a coordinated and effective manner through tailor-made approaches with third countries."

• Communication:On a more effective return policy in the EU - A renewed Action Plan (COM 200-17, pdf)

• Annex 1 (pdf): Detailed plan

• FAQ: Returns and readmission (pdf)

• Returns and readmission via "Partnership Frameworks with African states: Commission calls for accelerated delivery under the Migration Partnership Framework and further actions along the Central Mediterranean Route (pdf) including "Factsheets" on target African states

European Commission: Relocation, EU-Turkey "deal" and EU Border Agency

• "Solidarity" is a eupemism for failure of reclocating refugees within the EU: Commission calls for renewed efforts in implementing solidarity measures under the European Agenda on Migration(Press release, pdf):

"Ahead of next week's European Council and in the form of three progress reports, the Commission is today making a renewed call on Member States to pick up the pace of relocation to alleviate pressure from Italy and Greece, with few having met their commitments in full....

the current pace of relocation is still well below expectations and below the European Council endorsed target...

the current pace will not allow for the relocation of all eligible applicants currently present in Greece and Italy by September 2017 – despite this being perfectly feasible. So far, only two Member States (Malta and Finland) are on track to meet their obligations for
both Italy and Greece, whereas some (Hungary, Austria and Poland) are still refusing to participate in the scheme at all and others are doing so on a very limited basis (Czech Republic, Bulgaria, Croatia and Slovakia)....

soon, the Commission will not hesitate to make use of its powers under the Treaties for those who have not complied with the
obligations stemming from the Council decisions, noting that the legal obligation to relocate those eligible will not cease after September." [emphasis added]

•  Tenth report on relocation and resettlement(COM 202-17, pdf)

•  Annex 1: Relocations: Greece (pdf)
•  Annex 2: Relocations: Itay (pdf)
•  Annex 3: Relocations from Italy and Greece by 28 February 2017(pdf)

•  Fifth Report on the Progress made in the implementation of the EU-Turkey Statement(COM 204-17, pdf)

•  Annex(pdf)

•  Second report on the operationalisation of the European Border and Coast Guard(COM 201-17, pdf)

NGOs urge Germany to meet relocation quotas (News That Moves, link):

"The German NGO Pro Asyl and other refugee rights groups are urging the German government to speed up the relocation of asylum seekers from Greece and Italy.

Pro Asyl director Guenter Burkhardt said, “There are empty places in reception centres, we have planes, but there is a lack of political will.”"

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