Caritas Europa, together with 59 other NGOs, rejects the new proposal of “instrumentalisation” of migration in EU law, which would allow the Member States to derogate from the current asylum rules.

In December 2021, the European Commission presented a proposal for a Regulation addressing situations of instrumentalisation in migration and asylum, referring to the case at the Belarussian borders with Poland and other EU countries.

The proposal introduces a mechanism which allows Member States to derogate from their responsibilities under EU asylum law in situations of “instrumentalisation” of migration. The mechanism is permanently available to Member States, which can invoke it in multiple situations, essentially enabling them to derogate at will from their obligations. The derogations are substantial and substantive, significantly affecting the rights of people seeking protection.

Member States interested in improving the Common European Asylum System (CEAS) should focus on agreeing on reforms that support asylum systems to function effectively, protect rights, increase compliance and contribute to trust among the Member States in this conflictual policy area. Undoubtedly, an agreement on the Instrumentalisation Regulation goes in the opposite direction. And even worse, it dismantles asylum rules in Europe by allowing Member States to opt-in and out of the CEAS.

We understand that there is broad support among the Member States for the proposed Regulation and that the Czech Presidency aims to adopt a common position by December.

This is why Caritas Europa and the undersigned NGOs strongly oppose the introduction and use of the concept of instrumentalisation in EU law; we further reject reforms allowing widespread derogation from EU law.