Toughening deportation policies in the EU: An offensive led by the Netherlands and Austria

A group of 17 European Union countries, led by the Netherlands and Austria, has launched an offensive to tighten migrant deportation policies, calling for a “paradigm shift” in the management of returns. The document they have submitted to the European Commission, supported by states such as France, Germany and Italy, advocates a review of the 2008 Returns Directive, considering that the current regulations are insufficient to face the migration challenge facing Europe.

EFE/EPA/OLIVIER MATTHYS

This push to step up deportations comes at a crucial time, when the Migration and Asylum Pact, an ambitious agreement seeking to regulate migration flows in the EU, has not yet entered into force. The concern of the signatory countries is focused on ensuring that migrants in an irregular situation comply with a series of "rights and obligations" .

The document emphasizes that “non-cooperation must have consequences and be punished,” reflecting growing pressure to enforce immigration rules and increase the rate of deportations.

The European context: from outsourcing asylum to reinforcing deportations

The debate on migration in Europe has evolved significantly in recent years. The 2015 migration crisis, which led to millions of people seeking refuge in Europe, prompted more restrictive policies and the search for external solutions to manage the flow of people. Examples of this are the UK's agreement with Rwanda to outsource asylum processes or the recent pact between Italy and Albania. These measures have been harshly criticised by human rights organisations, who argue that outsourcing asylum procedures violates the principles of international law.

The focus is now shifting to deporting migrants who do not meet the criteria to remain in the EU. The proposal from the 17 countries, which has quickly gained support in the community bloc, seeks a “ new legal basis ” that allows greater flexibility in returns. Among the proposals is the digitalisation and simplification of procedures to facilitate deportations.

Migration tensions are growing in Europe

Increased border controls and more restrictive policies reflect growing migration tensions in Europe. Hungary’s Prime Minister Viktor Orbán has threatened to send busloads of migrants to Brussels, in a clear criticism of what he perceives as a failure of European policies to manage migration flows. Meanwhile, several EU countries, including Austria and Greece, have tightened border controls, and anti-immigration sentiment is growing among the population of many European countries.

Eurostat data show a 22% increase in deportations in 2022 compared to the previous year, indicating that tougher policies are already underway. However, the challenge for the EU lies in finding a balance between protecting fundamental rights and the need to manage migration effectively. Governments are under pressure from an increasingly critical public opinion regarding the arrival of migrants, while human rights organisations denounce that the proposed measures could violate migrants’ rights.

A threatened migration pact

The Migration and Asylum Pact, which has not yet been implemented, could be born already threatened by this new offensive. The initial idea of the pact was to offer a balanced approach, allowing both solidarity between EU member states and efficient management of migration flows. However, the pressure to increase deportations and outsource asylum procedures could undermine the fundamental principles of the agreement, putting its effective implementation at risk .

Pedro Sánchez, the Spanish Prime Minister, has urged the EU to speed up the adoption of the pact, arguing that the solution must be a community-based one. At the same time, he has criticised parties within his own country for failing to fulfil their responsibilities in managing migration, stressing the need for European solidarity to be reflected in national policies as well.

The challenges for the European Union

The migration crisis has exposed deep divisions within the EU over migration management. Countries such as Hungary and Poland have resisted accepting quotas of migrants, while others, such as Greece and Italy, have been overwhelmed by the arrival of people on their shores. Proposals to tighten deportations, while backed by a majority of member states, have also drawn criticism from those who believe these measures do not address the structural causes of migration, such as poverty, conflict and climate change.

The future of the Migration and Asylum Pact is uncertain. While European leaders negotiate a deal that can satisfy all member countries, the situation at the EU’s borders remains critical. Human rights organisations warn that harsher policies could lead to violations of migrants’ fundamental rights , while European governments face growing domestic pressure to reduce irregular migration.

The migration debate in Europe is far from over, and the coming weeks will be crucial in determining whether the EU opts for a more humanitarian approach or continues on the path of toughening deportation and border control policies.