The Justice and Home Affairs (JHA) Council is made up of the justice and interior ministers of EU member states. It has responsibility for approving negotiating positions and legislation related to the EU's Area of Freedom, Security and Justice. It is one of the EU's two official co-legislators, alongside the European Parliament. The JHA Council, like other Council configurations, also adopts conclusions. These can be considered a form of "soft law": they are not legally binding on EU member states, but are used to signal political agreement on an issue and can enable (and legitimate) cooperation between two or more member states.
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"Asylum and migration
The returns of irregular migrants and rejected asylum seekers was the subject of the ministerial working lunch. In particular, ministers discussed the use of various approaches to increase the efficiency of the EU’s return system and the supportive role of Frontex in this respect. They tasked experts to start exploring innovative ideas related to returns. Ministers also agreed on the need to start working towards potential EU level solutions for the effective returns of criminals and persons posing a security threat who come from sensitive third countries."
"Migration
On 14 May the Council adopted the pact on asylum and migration. Member states now have two years to put the set of rules into practice.
Today the European Commission presented to ministers its Common Implementation Plan which was adopted yesterday. The plan is based on 10 building blocks which focus on preparing the common information system, making solidarity work and ensuring return procedures are fair and efficient, among other things. The Commission also provided information on the financial and operational support that member states can make use of.
In their reaction to the presentation of the implementation plan many ministers highlighted that the Council should continue playing a strong role in offering political guidance during the implementation phase."
"External dimension of migration
Ministers discussed the state of play and further development of strategic partnerships with countries of origin and transit of irregular migration. In July 2023, the EU concluded a memorandum of understanding with Tunisia which included an important migration pillar. Now the EU is in the process of negotiating comprehensive partnerships with Egypt and Mauritania in which migration figures as one priority area of cooperation among others.
The Council also exchanged views on the EU’s action plan for the Eastern Mediterranean migration route. This being a route along which many irregular migrants make their way to the EU, ministers discussed how best to manage these flows."
"Ministers from EU Member States, Schengen associated countries, European partners and institutions met on Thursday the 25th of January for the informal Justice and Home Affairs Council, which focused on Home Affairs and Migration.
State Secretary for asylum and migration, Nicole de Moor, stressed that her key priority is to finalize the legal texts of the new European Asylum and Migration Pact and to start the process on its implementation and operationalization.
Nicole De Moor, State Secretary for Asylum and Migration: “It is of utmost importance that this historical reform is not only agreed upon on paper, but that it will also fundamentally change the way in which we deal with migration and asylum on the ground. The agreement will not change the situation on the ground from day 1 after its adoption. But we are fully committed to implement what we have decided, and we need to start taking concrete steps in that direction. The reforms we are realizing today, ultimately, will lead to a better management of migration. European citizens deserve this as well as people seeking protection in Europe.”
Since January, technical discussions on the Pact’s texts have continued with high intensity by both co-legislators and the Commission, and the negotiation teams are working hard in order to translate the political agreement into a formal agreement. At the end of April, from the 28 to 30th and a ministerial conference will be organized specifically in order to put this operationalization of the Pact on track."
"The Pact on asylum and migration and the external dimension in this field
The presidency provided ministers with a progress report on all the legislative files of the Pact on asylum and migration. The Council and European Parliament are currently engaged in so-called trilogue negotiations on five legislative files. Together they will reform the common European asylum system and result in a common EU framework dealing with all aspects of asylum and migration management. Both institutions wish to end negotiations and formally adopt the different legislative proposals before the end of this legislative period.
Ministers also received a state of play of the external dimension of migration. This concerns EU policies to face the migratory challenges the EU shares with other continents and countries. The Commission provided an update of the progress that has been achieved in the cooperation with third partner countries."
"Migration: The Pact on migration and asylum & and external dimension of migration
The Spanish presidency provided ministers with an update on the ongoing negotiations on the different legislative proposals that are part of the Pact on migration and asylum.
The Council and the European Parliament are currently engaged in so-called trilogue negotiations on the asylum procedure regulation, the screening regulation, the Eurodac regulation, the asylum and migration management regulation and, following agreement within the Council on 4 October 2023 on a negotiating mandate, the regulation addressing situations of crisis and force majeure.
The Council and the European Parliament are committed to reach a political agreement as soon as possible in order to conclude the negotiations during the current legislative term in accordance with the joint roadmap agreed by both co-legislators.
Ministers also exchanged views on the EU’s approach to the external dimension of migration. The current migratory situation underlines the need to engage with third countries of origin and transit to prevent dangerous departures across the sea or over land. Ministers supported the need to work towards mutually beneficial partnerships with third countries. They also agreed that the EU should efficiently use all the tools at its disposal – ranging from diplomatic outreach and internal coordination to operational support by EU agencies and reinforced and sustainable funding – to develop a preventive model i.e. a model which would hinder irregular departures, as well as to foster the effectiveness of returns."
"Asylum and migration: external dimension
Against the backdrop of high numbers of irregular arrivals of migrants and asylum seekers across the entire EU, the Council discussed ways to build a close and permanent collaboration with key migratory transit and origin countries.
Ministers supported the need to strengthen the external dimension of EU migration policy in order to face the migratory challenges the EU shares with other continents and countries. They emphasised that a coordinated combination of development assistance to fight against the root causes of migration, the fight against migrant smuggling, the development of more legal pathways as an alternative to illegal migration and a sustainable readmission and return policy would be essential to prevent irregular migration.
The discussion evolved around developing a preventive model which, based on solid funding, would hinder irregular departures. It would be rooted in cooperation with countries of origin and transit and include elements such as joint patrols, joint operational centres, sustained cooperation over time and the development of orderly, regular and safe migration pathways."
"Pact on Migration and Asylum
The presidency provided ministers with an update on the different legislative files of the Pact on Migration and Asylum. The presidency also reiterated its commitment to comply with the goal set in the Roadmap agreed between the 5 Rotating Presidencies, the European Parliament and the European Commission in September 2022, to reach an agreement on the Pact files before the end of the current legislative term.
The presidency also expressed its satisfaction with the wide support shown by delegations regarding the latest compromise text on the crisis regulation and expressed its confidence that a negotiating mandate could be reached shortly within the Council.
After the 2015 migration crisis, member states have negotiated a number of EU laws to reform the common European asylum system. Once adopted, these various EU laws currently under negotiation will result in a common framework dealing with all aspects of asylum and migration management. There will be more solidarity for member states where most migrants arrive, more sharing of responsibility and there will be clearer rules for the management of persons seeking international protection. At the same time, the Pact will establish more efficient and fairer procedures for those persons in need of international protection, as well as for those who are not in need of such protection.
Overall, the Spanish presidency highlighted the significant progress made so far, but also the important work still to be carried out in the interinstitutional negotiations between the Council and the European Parliament on the different files of the Pact on Migration and Asylum."
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