A/HRC/29/36
European Council Strategic Guidelines
29.
In its Conclusions of 26-27 June 2014, the European Council has adopted the new
“Strategic Guidelines for Legislative and Operational Planning for the coming years within
the EU’s Area of Freedom, Security and Justice (AFSJ)”. These Strategic Guidelines
identified the need for an organised migration policy on both the basis of international
protection and the long-term economic interests of the EU, as shown from the extracts
below:
30.
“Faced with challenges such as instability in many parts of the world as well as
global and European demographic trends, the Union needs an efficient and well-managed
migration, asylum and borders policy, guided by the Treaty principles of solidarity and fair
sharing of responsibility, in accordance with Article 80 TFEU and its effective
implementation. A comprehensive approach is required, optimising the benefits of legal
migration and offering protection to those in need while tackling irregular migration
resolutely and managing the EU’s external borders efficiently.
31.
To remain an attractive destination for talents and skills, Europe must develop
strategies to maximise the opportunities of legal migration through coherent and efficient
rules, and informed by a dialogue with the business community and social partners. The
Union should also support Member States’ efforts to pursue active integration policies
which foster social cohesion and economic dynamism.” 26
The proposal for a holistic approach to migration from the European Parliament
32.
In December 2014, the Civil Liberties Committee of the European Parliament
adopted a resolution calling for a holistic EU approach on migration in the Mediterranean.
The resolution includes sanctions for smugglers and human traffickers, and migration
management agreements with third countries for cooperation and safe returns. It also calls
for the strengthening of the border policy and security as well as enhancing the role of
Frontex and European Asylum Support Office (EASO). Whilst the European Parliament
has not yet passed the resolution, it suggests potential for the development of further
political will in relation to the human rights of migrants.
EU Action Plan to counter migrant smugglers
33.
The Action Plan, to be adopted in 2015, will focus on identifying and dismantling
the network of criminals who make profit of people seeking protection and better life
prospects in Europe, often exposing them to gross human rights violations. In doing so, it
will fully take into account the need to respect fundamental rights of migrants and to avoid
criminalization of those who assist them for humanitarian reasons. 27
European Commission communication on EU Return Policy
34.
In its 2014 Communication on EU Return Policy COM (2014) 199, the European
Commission the Commission evaluated the Return Directive finding that it had effected
legislative and practical changes in all Member States. It found that legislation in all
Member States complies with the relevant rules fixed in Articles 16 of the Return Directive,
whilst some practical shortcomings remain in a number of Member States. The
Commission will follow up on all identified shortcomings.
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27
EUCO 79/14.
European Commission, 2015, “Reply by DG Migration and Home Affairs to the questions by the
Special Rapporteur on the human rights of migrants”.
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