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The European Union has marked a significant turning point in the management of international protection for migrants.
According to Magnus Brunner, European Commissioner for Home Affairs, beneficiaries of international protection who temporarily return to their country of origin risk losing their right to such protection. This decision, communicated in response to a parliamentary question, has sparked a debate on the management of immigration and security at European borders. The issue arises from a reflection on Directive 2011/95/EU, which regulates the recognition of international protection. Magnus Brunner clarified that, in order to revoke refugee status, a Member State must demonstrate on an individual basis that the person has ceased to be a refugee. This happens, for example, when the beneficiary again avails himself of the protection of the country of nationality.
The parliamentary question, tabled by German MEP David McAllister of the European People’s Party (EPP), focused in particular on migrants who, despite having been granted protection in Germany, have temporarily returned to countries such as Afghanistan and Syria. These movements, according to Brunner, represent a contradiction to the fundamental principle of international protection, which presupposes the impossibility of returning to one’s country of origin due to persecution or danger to life. Directive 2011/95/EU establishes that international protection can be revoked when the circumstances that justified its recognition cease to exist. If a migrant voluntarily returns to the country from which he or she fled, this could indicate that the situation is no longer so dangerous as to prevent him or her from returning. This principle, however, must be applied on a case-by-case basis, carefully assessing the reasons and circumstances of each return. The European Commission’s new policy line reflects the need to strengthen the credibility of the EU’s asylum and migration system. However, it raises ethical and legal questions. For example, a temporary return could be motivated by the need to assist family members in need or personal emergencies, without implying a significant change in the security situation in the country of origin. Magnus Brunner’s visit to Athens underlines the crucial role of Greece as an entry point to the European Union for thousands of migrants. During his meeting with Greek Prime Minister Kyriakos Mitsotakis, Brunner reiterated the Commission’s commitment to supporting border management and migration in a spirit of solidarity between Member States.
A key topic of the talks was the implementation of the Pact on Asylum and Migration, which aims to redefine the management of migration flows in the EU. Among the priorities highlighted, the Commissioner stressed the need to strengthen the returns of irregular migrants, a measure deemed essential to ensure a balance between solidarity and responsibility within the bloc. Despite the stated aim of ensuring a fair and efficient asylum system, the EU’s new policy on international protection has raised concerns. Humanitarian organizations and migrant rights activists fear that the withdrawal of international protection for those temporarily returning to their country of origin could expose people to greater risks and further complicate the already complex asylum system. Another concern is the uniform application of the rules across Member States. In the absence of clear and shared criteria, there is a risk of divergent interpretations that could undermine the coherence of the European system of international protection.
The European Union decision represents a turning point in the management of international protection, posing new challenges for both migrants and Member States. On the one hand, it seeks to ensure a more rigorous and credible system; on the other, it is essential that the new measures are accompanied by a careful assessment of the humanitarian and legal implications. The need to balance security, solidarity and responsibility remains at the heart of the European debate on immigration. The implementation of the Pact on Asylum and Migration, together with a strengthening of cooperation between Member States, will be crucial to address common challenges and build a system that can respond to the needs of both migrants and host communities.
Alessandro Fiorentino