Her cooperation is considered “insufficient” The European Union with third countries regarding the return of irregularities immigrants, according to a report by the European Court of Auditors (ECA) released today.
“EU cooperation with third countries has so far not yielded what is expected, in terms of ensuring the return of migrants who are illegally staying in EU territory”, says the ECA report. At the same time, it is noted that in the period 2015-2020, the EU’s progress in concluding readmission agreements with third countries was limited. In addition, as EU actions are not sufficiently streamlined, it is not guaranteed that third countries actually comply with their readmission obligations.
According to the ECA report, since 2008, around half a million third-country nationals have been ordered to leave the EU each year because they entered or resided in the EU without a permit. However, eventually less than one in five return to their non-European countries. One of the reasons for the low rates of return of irregular migrants is the difficulty in cooperating with their countries of origin. As a result, the EU has already concluded 18 legally binding readmission agreements and has begun formal discussions with six additional countries. It also recently negotiated six non-legally binding return and readmission arrangements.
“Our intention is for the audit to contribute to the debate on the new EU Pact on Immigration and Asylum, as, with proper management, an effective readmission policy is an essential part of an integrated immigration policy,” said Leo Brinkat, Member of the European Court of Auditors and responsible for the report. “However, the current return system suffers from many weaknesses that lead to the opposite of the desired result: encouraging rather than discouraging illegal immigration,” he added.
Furthermore, according to the ECA, negotiations on EU readmission agreements (EUSRs) are constantly confronted with a number of problematic issues, such as the mandatory inclusion of the “third-country nationals” clause, which is often opposed by third countries. On the contrary, negotiations on non-legally binding readmission arrangements are more successful, mainly because they are flexible and content-adaptable.
Another weakness highlighted in the report is that the EU does not always use a “single language” when talking to third countries, and, to facilitate negotiations, the European Commission does not call for the systematic involvement of key Member States. As a result, some third countries do not see the added value of a TEU in relation to bilateral cooperation, especially when benefiting from generous bilateral agreements with some EU Member States. However, in cases where Member States have developed closely aligned positions, this proved to be beneficial both for the unblocking of the negotiations and for the conclusion of readmission arrangements.
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