As divisions began to emerge over the way European states dealt with the sudden influx of refugees and migrants, the European Commission Thursday listed Germany and France as among the states that will face action over failing to implement the application of EU law in the area of migration and asylum.
EU says Greece, Germany breaking asylum law http://t.co/3b8TEjHOVs pic.twitter.com/EWVoGHvjMF
— Ian Geldard (@igeldard) September 23, 2015
The commission cracked down on those countries which had failed to sign-up to legislation concerning focus on "fairer, quicker and better quality asylum decisions, ensuring that there are humane physical reception conditions (such as housing) for asylum seekers across the EU."
Immediate operational, budgetary & legal measures under EU Agenda on Migration http://t.co/AdxslPaAf3 #RefugeeCrisis pic.twitter.com/39SAIvZRUW
— European Commission (@EU_Commission) September 23, 2015
Both nations — which pushed through a quota-based resettlement package Wednesday for 120,000 migrants and refugees as well as a massive increase in humanitarian aid funding and tighter border controls — are accused of failing to implement the revised Asylum Procedures Directive which sets out "common procedures for granting and withdrawing international protection and sets clearer rules on how to apply for asylum."
Other countries in breach of this directive include: Belgium, Bulgaria, Cyprus, the Czech Republic, Estonia, Greece, Spain, Hungary, Lithuania, Luxembourg, Latvia, Malta, Poland, Romania, Sweden and Slovenia.
I'll keep repeating it: If we want to prevent break-up of #Schengen zone, the European Union needs a common asylum and #migration policy
— Guy Verhofstadt (@GuyVerhofstadt) September 24, 2015
Nineteen of the EU member states are also accused of not implementing the updated Reception Conditions Directive which sets out common minimum standards for the reception of asylum seekers and giving them details of access to housing, food, health care and employment, as well as medical and psychological care.
The legal action by the European Commission — which could result in legal action at the European Court of Justice — highlights the paralysis within Europe of agreeing a common asylum policy.
In recent weeks, there has been massive disagreement in Europe over the Schengen Agreement, with nations choosing to close borders and other not implementing the rules on processing migrants and refugees at the point of entry into the Schengen area.
It is not illegal to cross borders in search for asylum. This is a human right. So media please stop qualifying this as illegal migration.
— Hein de Haas (@heindehaas) September 24, 2015
Others — such as Germany — have ignored the Dublin rules which require asylum seekers to be processed at the country of entry and that any found deeper in Europe be sent back to that point of entry.
Lack of Agreement
Since the early 2000s, the Commission has proposed a number of legislative acts aimed at building a Common European Asylum System.
Common European Asylum System can only work if everybody plays by the rules. We are launching 40 infringements today. pic.twitter.com/Zg32clRA3o
— Frans Timmermans (@TimmermansEU) September 23, 2015
However, this has not been implemented unilaterally across the member states, which has led to the differing reactions to the latest influx of migrants and refugees into Europe.
European Commission First Vice-President Frans Timmermans said:
"Solidarity and responsibility are two sides of the same coin. EU leaders in an extraordinary European Council in April called for the rapid and full transposition and effective implementation of the Common European Asylum System to ensure common European standards under existing legislation.
"The European Commission is the guardian of the Treaties and today's 40 infringement proceedings are meant to ensure that Member States actually implement and apply what they had previously agreed to do — and agreed to do rapidly and fully. Our Common European Asylum System can only function if everyone plays by the rules."
