Standing Committee of Experts on International Migration, Refugee and Criminal Law

Comment on Commission Proposal on Emergency Measures at the Belarussian Border

With this letter, the Meijers Committee wishes to express its concern regarding the European Commission’s proposal to provide for emergency measures in response to the instrumentalisation of migrants at the Belarussian border. While the Meijers Committee applauds the Commission’s initiative to address the current situation, it does not believe that the proposal provides an answer to the blatant violations of European and international refugee law, including the violation of the principle of non-refoulement. Instead, the Meijers Committee is of the view that the current legislative framework, including the possibility to apply border procedures under the Asylum Procedures Directive (Art. 43 Directive 2013/32/EU), is already capable of adequately addressing the refugee and migrant situation at the external borders. Rather than additional measures taken under article 78(3) TFEU, the situation requires the application of EU border and asylum law as it stands.

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Published on
6 January 2022

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