Brussels, 27 December 2023
The agreement to thoroughly reform the EU’s legal framework on migration and asylum has been one of the main achievements of the Spanish presidency of the Council, which has also strengthened the citizenship orientation and democratic values of the Area of Freedom, Security and Justice.
After several years of negotiations, an agreement has been reached at the end of the Spanish six-month period between the Council and the European Parliament on the main political elements of five key regulations of the Migration and Asylum Pact.
These five regulations affect all phases of asylum and migration management:
- The control of irregular migrants when they arrive in the EU.
- The collection of biometric data.
- Procedures for lodging and managing asylum applications.
- The rules for determining which member state is responsible for processing an asylum application.
- Cooperation and solidarity between member states.
- Crisis management.
The new rules, once adopted, will make it more difficult for irregular migrants to stay undetected and will make the asylum system more effective. They will also increase solidarity between member states and allow for relief for those with the greatest migratory burden.
According to Spanish Minister for Home Affairs, Fernando Grande-Marlaska, this reform “is a crucial piece of the puzzle”, but the EU “also remains committed to addressing the root causes of migration, working with source and transit countries, and tackling the scourge of migrant smuggling”.
On the other hand, a provisional agreement has been reached during the Spanish presidency on updating a directive on legal migration to the EU labour market.
The Single Permit Directive sets out the application process for EU states to issue this authorisation and establishes common rights for third-country workers.
The updated rule allows the procedure for applying for a residence permit to work in the territory of a member state to be simplified, which will boost the international recruitment of talent. In addition, increasing the rights of third-country workers and their equal treatment compared to EU workers will reduce labour exploitation.
Area of Freedom, Security and Justice
In the area of Justice, the Spanish presidency has promoted the strengthening of the Area of Freedom, Security and Justice from a threefold perspective: citizen orientation, green and digital transformation, and democratic values and the rule of law.
One of the most noteworthy agreements of the Spanish six-month period concerns the proposal for a directive for the protection of the environment through criminal law, which broadens criminal conduct against ecosystems and toughens penalties, with aggravated offences that come close to the concept of ecocide.
In addition, in order to support free and independent media and civil society, the Spanish presidency has promoted the adoption of a directive on strategic litigation against public participation which introduces guarantees and measures procedural safeguards for the early dismissal of abusive claims and the full recovery of the legal costs incurred.
Protecting consumer rights has also been a priority for the presidency, which has concluded an agreement on the revision of the product liability directive.
The revision aims to adapt regulation to new technologies, circular economy business models and global value chains, as investment in emerging technologies and their social acceptance require legal certainty and trust.
Main results of the informal ministerial meeting on Justice
Victims protection
The Spanish presidency has also led the negotiations on the revision of the directive on preventing and combating trafficking in human beings and protecting victims, which updates the 2011 directive and introduces a new offence of knowingly using services provided by victims of trafficking.
Progress was also made on the proposal for a directive on combating violence against women and domestic violence, which aims to provide a comprehensive response to victims.
With regard to child sexual abuse on the internet, a 2021 interim measure allowing providers of certain online services to derogate from data protection rules in electronic communications has been extended.
Conclusions have been adopted to improve support and recognition for the victims of terrorism. They aim to promote memory policies in the member states and to take into account the testimonies of victims as an effective tool to delegitimise terrorism and prevent violent radicalisation.
A united response to the war in Ukraine
In order to address Russia’s war of aggression against Ukraine, the Spanish presidency has promoted two directives that will enable progress to be made in the judicial response to the conflict.
Agreement has been reached on the proposal for a directive on asset recovery and confiscation, which will strengthen the possibility of confiscation of criminal assets, and on rules defining criminal offences and sanctions for breaches of EU restrictive measures.
In addition, in the home affairs area, a virtual meeting has been organised with the Director General of the Ukrainian Police and a Ukrainian delegation has been received to promote operational cooperation in priority areas for European security, such as the prevention of smuggling and the diversion of weapons.
Challenges of the digital age
In the area of digitisation of justice, Council Conclusions on digital empowerment to protect and enforce fundamental rights in the digital age have been adopted during the Spanish six-month period.
The objective is to promote the digital skills of vulnerable groups in order to better exercise their fundamental rights, in line with the priorities of the Spanish presidency.
In addition, the EU-27 have agreed on the new e-Justice Strategy for the period 2024-2028, which sets out the principles and objectives to develop the digital transformation of justice in the EU over the next five years, the actions needed to achieve them and the mechanisms for monitoring their fulfilment.
Strengthening internal security
The Spanish presidency has continued to work on issues affecting the EU’s internal security, with special emphasis on the fight against terrorism and its financing, radicalisation and extremism, organised crime and trafficking in drugs, arms and people.
During the Spanish six-month period, priority has been given to the debate on new technologies and trends, especially in the virtual sphere, such as encryption, crypto-assets, Artificial Intelligence and 3D weapons, issues that were specifically addressed in the framework of the Standing Committee for Operational Cooperation in the Field of Internal Security (COSI), whose informal meeting took place in Aranjuez (Madrid) in July.
Main results of the informal ministerial meeting on Home Affairs
Cooperation has also been strengthened with partners such as the United States and the countries of the Western Balkans region, as well as with Latin America.
On the other hand, the amendment to the Civil Protection Mechanism has been approved, which introduces improvements to deal with future disasters, both natural and man-made, and seeks to react more quickly to situations that simultaneously affect most of the member states.
Source – EU Council Presidency