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Migration and asylum policy of the European Union

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The migration and asylum policy of the European Union is within the area of freedom, security and justice , established to develop and harmonise principles and measures used by member countries of the European Union to regulate migration processes and to manage issues concerning asylum and refugee status in the European Union .

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127-705: The European Union gained authority to legislate in the area of migration and asylum with the entry into force of the Treaty of Amsterdam on 1 May 1999. At the European Council meeting held in Tampere in October 1999, several legislative instruments instituting a Common European Asylum System (CEAS) were proposed. Central to these instruments was adoption of the Dublin II Regulation, a recast of

254-612: A cabinet government , with a number of members of the Commission ( directorial system , informally known as "Commissioners") corresponding to two thirds of the number of Member States, unless the European Council, acting unanimously, decides to alter this number. The current number of Commissioners is 27, including the President. It includes an administrative body of about 32,000 European civil servants. The commission

381-603: A European ship, prompted the commission to look into legislation against toxic waste. at that time did not even have a crime against shipping toxic waste; this led the Commissioners Franco Frattini and Stavros Dimas to put forward the idea of "ecological crimes". Their right to propose criminal law was challenged in the European Court of Justice but upheld. As of 2007, the only other criminal law proposals which have been brought forward are on

508-537: A commissioner. A commissioner's portfolio can be supported by numerous DGs; they prepare proposals for them and if approved by a majority of commissioners proposals go forward to the Parliament and Council for consideration. The Commission's civil service is headed by a Secretary General . The position is currently held by Ilze Juhansone . The rules of procedure of the European Commission set out

635-488: A common international protection procedure. The original Asylum Procedures Directive was adopted on 1 December 2005. A recast version of the directive was adopted on 26 June 2013, as part of the second phase of CEAS. As part of the third phase of CEAS, the Asylum Procedures Directive is to be replaced by a Asylum Procedure Regulation (APR). The Justice and Home Affairs Council reached agreement on

762-633: A comprehensive approach anchored on three mainstays: 1) Efficient asylum and return procedures, 2) Solidarity and fair share of responsibility, and 3) Strengthened partnerships with third countries. The New Pact on Migration and Asylum, also known as the EU Migration Pact or the EU Asylum and Migration Pact, is a set of new European Union rules concerning migration set to take effect in June 2026. It will compel member states to more evenly share

889-482: A dedicated Directorate-General . The European Parliament can dissolve the College of Commissioners as a whole following a vote of no-confidence , which requires a two-thirds vote. Only the President can request the resignation of an individual Commissioner. However, individual Commissioners, by request of the council or Commission, can be compelled to retire on account of a breach of obligation(s) and if so ruled by

1016-635: A duty to ensure the treaties and law are upheld, potentially by taking member states or other institutions to the Court of Justice in a dispute. In this role it is known informally as the "Guardian of the Treaties". Finally, the Commission provides some external representation for the Union, alongside the member states and the Common Foreign and Security Policy , representing the Union in bodies such as

1143-697: A financial contribution of €20.000. Migration policy of the European Union has its roots in the 1951 Convention Relating to the Status of Refugees , an agreement founded on Article 14 of the Universal Declaration of Human Rights . The current legal bases for the EU's creation of a harmonised legislative framework on asylum are found in the Treaty on the Functioning of the European Union and

1270-473: A financial contribution of €20.000. The Eurodac Regulation establishes a database in which fingerprints can be collected, transmitted, and compared. It is central to the operation of the Dublin Regulation, which determines which member state is responsible for the handling of an asylum application. Eurodac was established under EU law by Council Regulation 2725/2000 of 11 December 2000. As part of

1397-400: A greater degree of politicisation within the Commission . The commission is divided into departments known as Directorates-General (DGs) that can be likened to departments or ministries . Each covers a specific policy area such as agriculture or justice and citizens' rights or internal services such as human resources and translation and is headed by a director-general who is responsible to

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1524-635: A likely candidate (in general, the elected candidate is determined, according to the results of the European election , as winner of the internal election into the dominant European party known as " spitzenkandidat "). While the European People's Party had won the European Parliament election, they had performed worse than expected and therefore nominated von der Leyen instead of Manfred Weber , their original candidate. On 9 September,

1651-613: A majority (17,664) of staff being based in the country. Communication with the press is handled by the Directorate-General Communication . The commission's chief spokesperson is Eric Mamer who holds the midday press briefings, commonly known as the "Midday Presser". It takes place every weekday in the commission's press room at the Berlaymont where journalists may ask questions to the Commission officials on any topic and legitimately expect to get an "on

1778-566: A negotiating position towards the European Parliament on 20 December 2022. The Commission proposed a Crisis and Force Majeure Regulation on 23 September 2020. The Justice and Home Affairs Council of 28 September 2023 failed to reach agreement on a negotiating position towards the European Parliament. However, the Spanish presidency expressed confidence that a negotiating mandate could be reached shortly. The reforms implemented in

1905-538: A negotiating position towards the European Parliament on 20 December 2022. The Dublin Regulation determines which member state is responsible for handling an asylum application. The original Dublin Regulation was adopted on 27 January 2003, as part of the first phase of CEAS. As it replaced the Dublin Convention of 1990, which was agreed outside of the structures of the European Union, this regulation

2032-481: A negotiating position towards the European Parliament on 8 June 2023. Key to the Asylum Procedure Regulation that is currently being negotiated with the European Parliament is the institution of a new border procedure. The border procedure can be applied when an individual applies for asylum at an external border crossing point, is apprehended in connection with an illegal border crossing, or

2159-616: A number of Vice-presidents from among the commissioners. Vice-presidents manage policy areas involving multiple Commissioners. One of these includes the High Representative , who is automatically one of the Vice-presidents ex officio rather than by appointment and confirmation. Commonly referred to as the 'HR/VP' position, the High Representative also coordinates commissioners' activities involving

2286-483: A reserve of European border guards and technical equipment. The agency may purchase its own flagged vehicles. The Member States where this equipment is registered (bigger equipment such as patrol vessels, air crafts, etc.) are obliged to put it at the Agency's disposal whenever needed. This enables the Agency to rapidly deploy the necessary technical equipment in border operations. A rapid reserve pool of border guards and

2413-601: A result. In 2008, Paul van Buitenen (the former auditor known from the Santer Commission scandal) accused the European Anti-Fraud Office (OLAF) of a lack of independence and effectiveness. Barroso's first Commission term expired on 31 October 2009. Under the Treaty of Nice, the first Commission to be appointed after the number of member states reached 27 would have to be reduced to "less than

2540-473: A source of competition between areas of the Commission and Commissioners themselves. This also leads to an unusually high number of press releases, and is seen as a unique product of the EU's political set-up. There is a larger press corps in Brussels than Washington, D.C.; in 2020, media outlets in every Union member-state had a Brussels correspondent . Although there has been a worldwide cut in journalists,

2667-399: A technical equipment pool is at the disposal of the agency, intending to remove the shortages of staff and equipment for the Agency's operations. The Agency is able to launch joint operations, including the use of drones when necessary. The European Space Agency 's earth observation system Copernicus provides the new Agency with almost real time satellite surveillance capabilities alongside

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2794-720: A view to improving the integrated management of external borders". Frontex's key institution with respect to intelligence and risk assessment is its Risk Analysis Unit (RAU) and the Frontex Risk Analysis Network (FRAN), via which the Frontex staff is cooperating with security experts from the Member States. The Asylum, Migration and Integration Fund is a funding programme managed by the Directorate-General for Migration and Home Affairs of

2921-418: A whole. If the European Parliament submits a negative opinion of a candidate, the President must either reshuffle them or request a new candidate from the member state to avoid the college's outright rejection by the European Parliament. Once the college is approved by parliament, it is formally appointed following a QMV vote by the European Council . Following the college's appointment, the President appoints

3048-437: Is divided into departments known as Directorates-General (DGs) that can be likened to departments or ministries each headed by a Director-General who is responsible to a Commissioner. Currently, there is one member per member state , but members are bound by their oath of office to represent the general interest of the EU as a whole rather than their home state. The Commission President (currently Ursula von der Leyen )

3175-495: Is not binding. The commission's powers in proposing law have usually centred on economic regulation. It has put forward a large number of regulations based on a " precautionary principle ". This means that pre-emptive regulation takes place if there is a credible hazard to the environment or human health: for example on tackling climate change and restricting genetically modified organisms . The European Commission has committed EU member states to carbon neutrality by 2050. This

3302-593: Is not such a mirror in creating a European civil society . The Treaty of Lisbon may go some way to resolving the perceived deficit in creating greater democratic controls on the commission, including enshrining the procedure of linking elections to the selection of the Commission president. Historically, the commission had indeed been seen as a technocratic expert body which, akin with institutions such as independent central banks , deals with technical areas of policy and therefore ought to be removed from party politics. From this viewpoint, electoral pressures would undermine

3429-671: Is opposed to weighting regulations for their effect on the economy. Thus, the Commission often proposes stricter legislation than other countries. Owing to the size of the European market, this has made EU legislation an important influence in the global market. On February 23, 2022, the European Commission published the Corporate Sustainability Due Diligence Directive which establishes a framework of due diligence for companies to identify actual or potential risks and harm to human rights and

3556-552: Is proposed by the European Council (the 27 heads of state/governments) and elected by the European Parliament . The Council of the European Union then nominates the other members of the Commission in agreement with the nominated President, and the 27 members as a team are then subject to a vote of approval by the European Parliament. The current Commission is the Von der Leyen Commission , which took office in December 2019, following

3683-481: Is rescued as part of a search and rescue operation. Those subjected to the border procedure are treated as if they have not yet entered the territory of the member state. The new border procedure will be mandatory for applicants who are a danger to national security or public order, who have misled the authorities, or who have a nationality with a recognition rate below 20%. The Receptions Conditions Directive (RCD) ensures equal standards of reception conditions throughout

3810-472: The 2015–16 New Year's Eve sexual assaults in Germany which were unrelated to terrorism but nevertheless shocked the public as an open and widespread demonstration by Muslim refugees of disregard for European social norms, as did also attempts by some imams in Germany to excuse such behaviour and shift the blame to the victims instead, while the ensuing (and later exposed) concerted effort of the authorities and

3937-740: The Council of the European Union declared a list of candidate-commissioners, which are sent to Brussels by the governments of each member state and which had to be officially approved by the parliament. In September 2024, Von der Leyen revealed her new team of European Commissioners, marking a shift to a "leaner" and more interconnected structure. The lineup featured six executive vice-presidents (EVPs) from France, Finland, Estonia, Italy, Romania, and Spain. These EVPs, including Teresa Ribera and Stéphane Séjourné , were tasked with overseeing various clusters of Commissioners and steering key policy areas such as prosperity, security, and democracy. Raffaele Fitto

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4064-613: The Dublin Convention , which was an intergovernmental treaty agreed in 1990 outside of the structure of the European Union. By 2005, all legislative instruments of the first phase had been adopted. Following the presentation of the Policy Plan on Asylum by the European Commission in June 2008, the legislative instruments of the first phase were reformed. The adoption of the recast directives and regulations

4191-643: The European Atomic Energy Community (Euratom). However, their executives were called "Commissions" rather than "High Authorities". The reason for the change in name was the new relationship between the executives and the Council . Some states, such as France, expressed reservations over the power of the High Authority and wished to limit it by giving more power to the Council rather than the new executives. Louis Armand led

4318-520: The European Commission , which promotes the efficient management of migration flows and the implementation, strengthening and development of a common approach to asylum and immigration in the European Union. According to the text of the international instrument, the objectives of the Asylum, Migration and Integration Fund are listed in Article 3. These are: In addition to providing funding for projects,

4445-643: The European Parliament elections in May of the same year . The European Commission derives from one of the five key institutions created in the supranational European Community system, following the proposal of Robert Schuman , French Foreign Minister, on 9 May 1950. Originating in 1951 as the High Authority in the European Coal and Steel Community , the commission has undergone numerous changes in power and composition under various presidents, involving three Communities. The first Commission originated in 1951 as

4572-489: The European Union . Despite the fact that migration policy is internally determined, it also serves as an international regulator because it is related to crossing state borders. Accordingly, events at the international level directly affect the development of this type of policy. In 2020, the European Commission , at the request of the European Parliament , proposed a series of reforms to the existing system through

4699-554: The High Representative by the European Council, each Commissioner is proposed by their member state (except for those states who provided the President and High Representative) in consultation with the Commission President and the Council of the European Union , who formally adopts the list of candidates. The President's proposed College of Commissioners is then subject to hearings at the European Parliament which will question them and then vote on their suitability as

4826-590: The Operation Triton . By 2016, EU was already externalizing its border control through a 3 billion deal with Turkey. In 2017, the EU migration policy was tightened. At the summit held in Brussels on October 19, 2017, it was indicated that the approach of the EU Member States and institutions to ensure full control over the borders should be consolidated. Since 2017, the humanitarian NGO's carrying out search and rescue (SAR) operations have become

4953-536: The Treaty of Lisbon . On 31 January 2020, the United Kingdom left the European Union and so withdrew from the treaty. Since the end of World War II , sovereign European countries have entered into treaties and thereby co-operated and harmonised policies (or pooled sovereignty ) in an increasing number of areas, in the European integration project or the construction of Europe ( French : la construction européenne ). The following timeline outlines

5080-611: The World Trade Organization . It is also usual for the President to attend meetings of the G7 . The commission is composed of a "College of Commissioners " of 27 members, including the President and vice-presidents. Even though each member is nominated on the basis of the suggestions made by the national governments, one per state, they do not represent their state in the commission. In practice, however, they do occasionally press for their national interest. Once proposed,

5207-401: The environment as well as establishing processes and standards to diminish these risks. The Directive is expected to be officially adopted in 2024 and then be incorporated into domestic laws within two years by all of the European Union member states. Recently the commission has moved into creating European criminal law . In 2006, a toxic waste spill off the coast of Côte d'Ivoire , from

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5334-614: The first Commission of Euratom . Walter Hallstein led the first Commission of the EEC , holding the first formal meeting on 16 January 1958 at the Château of Val-Duchesse . It achieved agreement on a contentious cereal price accord, as well as making a positive impression upon third countries when it made its international debut at the Kennedy Round of General Agreement on Tariffs and Trade (GATT) negotiations. Hallstein notably began

5461-418: The intellectual property rights directive , and on an amendment to the 2002 counter-terrorism framework decision, outlawing terrorism‑related incitement, recruitment (especially via the internet) and training. Once legislation is passed by the Council and Parliament, it is the commission's responsibility to ensure it is implemented. It does this through the member states or through its agencies . In adopting

5588-487: The Amsterdam Treaty did not provide for a common defence, it did increase the EU's responsibilities for peacekeeping and humanitarian work, in particular by forging closer links with Western European Union . As for the institutions, there were two major reforms concerning the co-decision procedure (the legislative procedure involving the European Parliament and the council), affecting its scope—most legislation

5715-446: The Asylum and Migration Management Regulation is the institution of a new solidarity mechanism between the member states. Solidarity can take the form of relocation of migrants, financial contributions, deployment of personnel or measures focusing on capacity building. Solidarity will be mandatory for member states, but the form of solidarity is at the discretion of the member states themselves. Per relocation, member states can instead make

5842-446: The Asylum and Migration Management Regulation is the institution of a new solidarity mechanism between the member states. Solidarity can take the form of relocation of migrants, financial contributions, deployment of personnel or measures focusing on capacity building. Solidarity will be mandatory for member states, but the form of solidarity is at the discretion of the member states themselves. Per relocation, member states can instead make

5969-473: The Children have criticised the deal in an open letter stating that it would create a "cruel system". More than 200 academics belonging to 66 predominantly European universities have called the pact "inhumane" and demanded that the European Parliament and the Council to reconsider how they view the pact. The pact resulted in the following legislation: Since 1999, refugees entering Europe have been subject to

6096-478: The Community Treaties, deleting more than 56 obsolete articles and renumbering the rest in order to make the whole more legible. By way of example, Article 189b on the codecision procedure became Article 251. The most pressing concerns of ordinary Europeans, such as their legal and personal security, immigration, and fraud prevention, were all dealt with in other chapters of the treaty. In particular,

6223-483: The Council acting by a qualified majority, subject to certain conditions. In other cases, some member states may choose to abstain "constructively", i.e. without actually preventing actions being taken. The treaty introduced a High Representative for EU Foreign Policy who, together with the Presidents of the Council and the European Commission , puts a "name and a face" on EU policy to the outside world. Although

6350-402: The Council adopted two decisions – (EU) 2015/1523 and (EU) 2015/1601 respectively – establishing a temporary relocation mechanism for 160 000 applicants in need of international protection from Greece and Italy, to be implemented over two years until September 2017." A permanent Union Resettlement Framework Regulation is being negotiated. The Justice and Home Affairs Council reached agreement on

6477-455: The Council decided otherwise. Membership would rotate equally and no member state would have more than one Commissioner. However, the treaty was rejected by voters in Ireland in 2008 with one main concern being the loss of their Commissioner. Hence a guarantee given for a rerun of the vote was that the council would use its power to amend the number of Commissioners upwards. However, according to

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6604-457: The EC and into the dispirited Brussels Commission. In his first term, from 1985 to 1988, he rallied Europe to the call of the single market, and when appointed to a second term he began urging Europeans toward the far more ambitious goals of economic, monetary, and political union". The successor to Delors was Jacques Santer . As a result of a fraud and corruption scandal, the entire Santer Commission

6731-416: The EU (the European Council also holds individual national executive powers). However, it is the Commission that currently holds most of the executive power over the European Union . The Commission differs from the other institutions in that it alone has legislative initiative in the EU. Only the commission can make formal proposals for legislation: they cannot originate in the legislative branches. Under

6858-499: The EU Charter of Fundamental Rights. The EU complies with the 1951 Convention relating to the Status of Refugees , which is the main legislative act establishing the status and rights of refugees. According to the key provisions of the legal act, the main apparatus in the regulation of situations with refugees is the government. They are obliged to preserve the rights and freedoms of internally displaced persons and refugees, but at

6985-505: The EU became responsible for legislating on immigration, civil law or civil procedure , insofar as this is necessary for the free movement of persons within the EU. At the same time, intergovernmental co-operation was intensified in the police and criminal justice field so that member states should be able to coordinate their activities more effectively. The Union aims to establish an area of freedom, security and justice for its citizens. The Schengen Agreements have now been incorporated into

7112-405: The EU, the legitimacy of the commission is mainly drawn from the vote of approval that is required from the European Parliament, along with its power to dismiss the body. Eurosceptics have therefore raised the concern of the relatively low turnout (often less than 50%) in elections for the European Parliament since 1999 . While that figure may be higher than that of some national elections, including

7239-484: The EU. The original Reception Conditions Directive was adopted on 27 January 2003. A recast version of the directive was adopted on 26 June 2013, as part of the second phase of CEAS. As part of the third phase of CEAS, the Reception Condition Directive is to be recast again. The Justice and Home Affairs Council reached agreement on a negotiating position towards the European Parliament on

7366-510: The EU. The treaty was the result of long negotiations which began in Messina , Italy , on 2 June 1995, nearly forty years after the signing of the Treaty of Rome , and reached completion in Amsterdam on 18 June 1997. Following the formal signing of the Treaty on 2 October 1997, the member states engaged in an equally long and complex ratification process. The European Parliament endorsed

7493-474: The European Commission and countries which support the adoption of migrants emphasize the need to fulfill international obligations, focusing on the priority of migrant security. Therefore, the EU's actions gradually shifted during the crisis towards surveillance and securitization, and the first step in this direction was terminating the Operation Mare Nostrum in 2014 and supplanting it with

7620-600: The European Commission. Juncker appointed his previous campaign director and head of the transition team, Martin Selmayr , as his chief of cabinet. During the Juncker presidency Selmayr has been described as "the most powerful EU chief of staff ever." In 2019, Ursula von der Leyen was appointed as President of the European Commission. She submitted the guidelines of her policy to the European Parliament on 16 July 2019, following her confirmation. She had not been considered

7747-529: The European Court of Justice (Art. 245 and 247, Treaty on the Functioning of the European Union). The Barroso Commission took office in late 2004 after being delayed by objections from the Parliament, which forced a reshuffle. In 2007 the Commission increased from 25 to 27 members with the accession of Romania and Bulgaria who each appointed their own Commissioners. With the increasing size of

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7874-412: The European Union authority to provide immediate and temporary protection. This temporary protection is separate from the regular asylum offered by CEAS. Following an unprecedented migrant influx, EASO in 2015 proposed a relocation programme that was agreed upon to support the ‘frontline’ Member States of Italy and Greece , who were under pressure. "After a proposal made by the Commission in May 2015,

8001-607: The European Union, which represents governments, the European Parliament, which represents citizens , the Economic and Social Committee , which represents organised civil society, and the Committee of the Regions , which represents local and regional authorities. Through Article 17 of the Treaty on European Union the commission has several responsibilities: to develop medium-term strategies; to draft legislation and arbitrate in

8128-541: The Parliament once again asserted itself in objecting to the proposed membership of the Barroso Commission. Owing to this opposition, Barroso was forced to reshuffle his College before taking office. The Barroso Commission was also the first full Commission since the enlargement in 2004 to 25 members; hence, the number of Commissioners at the end of the Prodi Commission had reached 30. As a result of

8255-584: The President delegates portfolios among each of the members. The power of a Commissioner largely depends upon their portfolio, and can vary over time. For example, the Education Commissioner has been growing in importance, in line with the rise in the importance of education and culture in European policy-making. Another example is the Competition Commissioner , who holds a highly visible position with global reach. Before

8382-403: The President of the European Commission, and although they are still proposed by the European Council; the European Parliament " elects " candidates to the office, rather than " approves " them as under the Treaty of Nice. The Barroso Commission is, in reaction to Euroscepticism , said to have toned down enforcement to increase integration. In 2014, Jean-Claude Juncker became President of

8509-421: The President of the European Commission. It has been noted by one researcher that the press releases issued by the commission are uniquely political. A release often goes through several stages of drafting which emphasises the role of the commission and is used "for justifying the EU and the Commission" increasing their length and complexity. Where there are multiple departments involved a press release can also be

8636-423: The Treaty of Lisbon, no legislative act is allowed in the field of the Common Foreign and Security Policy . In the other fields, the Council and Parliament can request legislation; in most cases the Commission initiates on the basis of these proposals. This monopoly is designed to ensure coordinated and coherent drafting of EU law . This monopoly has been challenged by some who claim the Parliament should also have

8763-619: The Treaty on European Union and covers the CFSP and cooperation in criminal and police matters. The next four articles (70 paragraphs) amend the EC Treaty , the European Coal and Steel Community Treaty (which expired in 2002), the Euratom Treaty , and the Act concerning the election of the European Parliament. The final provisions contain four articles. The new treaty also set out to simplify

8890-644: The Treaty on European Union, the Treaties establishing the European Communities and certain related acts , was signed on 2 October 1997, and entered into force on 1 May 1999; it made substantial changes to the Treaty of Maastricht , which had been signed in 1992. Under the Treaty of Amsterdam, member states agreed to transfer certain powers from national governments to the European Parliament across diverse areas, including legislating on immigration, adopting civil and criminal laws , and enacting common foreign and security policy (CFSP), as well as implementing institutional changes for expansion as new member nations join

9017-608: The aftermath of the 2015 European migrant crisis culminated in the creation of the European Union Agency for Asylum on 19 January 2022, which will promote greater convergence of the different member states asylum and reception practices and ensure that high EU-standards are the guide. The agency effectively replaced the European Asylum Support Office (EASO), which had been investigated by the European Anti-Fraud Office (OLAF) due to alleged misconduct and breaches of data protection amongst other charges. The European Union's agency , titled European Border and Coast Guard Agency , provides

9144-451: The coherence of the EU or the rights and equality of its citizens. The Amsterdam Treaty did not settle all institutional questions. Work was still in progress on reforming the institutions to make them capable of operating effectively and democratically in a much enlarged EU. The most pressing issues were the composition of the commission and the weighting of member states' votes upon qualified majority voting. These questions were addressed in

9271-581: The commission (66%) and concerning lack of transparency (36%). In 2010 the commission was sued for blocking access to documents on EU biofuel policy. This happened after media accused the Commission of blocking scientific evidence against biofuel subsidies. Lack of transparency, unclear lobbyist relations, conflicts of interests and excessive spending of the commission was highlighted in a number of reports by internal and independent auditing organisations. It has also been criticised on IT-related issues, particularly with regard to Microsoft . In September 2020,

9398-521: The commission can assume office, the college as a whole must be approved by the Parliament. Commissioners are supported by their personal cabinet who give them political guidance, while the Civil Service (the DGs, see below) deal with technical preparation. The President of the Commission is first proposed by the European Council , following a Qualified Majority Vote (QMV), taking into account

9525-420: The commission's lack of power over areas like foreign policy  – that power is held by the Council of the European Union and the European Council, which some analysts have described as another executive. Considering that under the Treaty of Lisbon, the European Council has become a formal institution with the power of appointing the commission, it could be said that the two bodies hold the executive power of

9652-520: The commission's operation and organisation. There has been criticism from a number of people that the highly fragmented DG structure wastes a considerable amount of time in turf wars as the different departments and Commissioners compete with each other. Furthermore, the DGs can exercise considerable control over a Commissioner with the Commissioner having little time to learn to assert control over their staff. According to figures published by

9779-510: The commission's role as an independent regulator. Defenders of the Commission point out that legislation must be approved by the Council in all areas (the ministers of member states) and the European Parliament in most areas before it can be adopted, thus the amount of legislation which is adopted in any one country without the approval of its government is limited. In 2009 the European ombudsman published statistics of citizens' complaints against EU institutions, with most of them filed against

9906-485: The commission, 23,803 persons were employed by the commission as officials and temporary agents in September 2012. In addition to these, 9230 "external staff" (e.g. Contractual agents, detached national experts, young experts, trainees etc.) were employed. The single largest DG is the Directorate-General for Translation , with a 2309-strong staff, while the largest group by nationality is Belgian (18.7%), probably due to

10033-522: The commission, Barroso adopted a more presidential style of control over the college, which earned him some criticism. However, under Barroso, the commission began to lose ground to the larger member states as countries such as France, the UK and Germany sought to sideline its role. This has increased with the creation of the President of the European Council under the Treaty of Lisbon . There has also been

10160-412: The considerable press releases and operations such as Europe by Satellite and EuroparlTV leads many news organisations to believe they can cover the EU from these source and news agencies . The Commission shut down Presseurop on 20 December 2013, though the decision was criticised. As the commission is the executive branch, candidates are chosen individually by the 27 national governments. Within

10287-465: The consolidation of European law and started to have a notable impact on national legislation. Little heed was taken of his administration at first but, with help from the European Court of Justice , his Commission stamped its authority solidly enough to allow future Commissions to be taken more seriously. In 1965, however, accumulating differences between the French government of Charles de Gaulle and

10414-498: The cost and efforts of hosting migrants and reform European Union asylum and border security procedures, among other provisions. The deal was agreed to on 20 December 2023 between representatives of the European Parliament and the Council of the European Union . It passed the European Parliament on 10 April 2024 and was approved by the Council of the European Union on 14 May 2024. A group of human rights organizations including Oxfam , Caritas , Amnesty International , and Save

10541-590: The current Eurosur border surveillance system. Frontex regularly releases reports analyzing events related to border control, irregular border crossing and different forms of cross-border crime. The general task of assessing these risks has been laid out in Frontex founding regulation, according to which the agency shall "carry out risk analyses [...] in order to provide the Community and the Member States with adequate information to allow for appropriate measures to be taken or to tackle identified threats and risks with

10668-530: The difficulties imposed on them, humanitarian NGOs continue to carry out SAR operations in the Mediterranean. Another visible sign of the tightening of EU migration policy was the construction of numerous border barriers located primarily on the external borders of the Schengen Area . Treaty of Amsterdam The Treaty of Amsterdam , officially the Treaty of Amsterdam amending

10795-558: The euro. In response to the scandal, the European Anti-Fraud Office (OLAF) was created. Following Santer, Romano Prodi took office. The Amsterdam Treaty had increased the commission's powers and Prodi was dubbed by the press as something akin to a Prime Minister. Powers were strengthened again; the Treaty of Nice , signed in 2001, gave the Presidents more power over the composition of the College of Commissioners. José Manuel Barroso became president in 2004:

10922-444: The executive power of the EU was held by the council: it conferred on the Commission such powers for it to exercise. However, the council was allowed to withdraw these powers, exercise them directly, or impose conditions on their use. This aspect has been changed by the Treaty of Lisbon, after which the Commission exercises its powers just by virtue of the treaties. Powers are more restricted than most national executives, in part due to

11049-410: The external relations and defence cooperation of the European Union. The von der Leyen Commission also created the position of more senior Executive Vice-presidents , appointed from the three largest political groups in the European Parliament. Unlike the other vice-presidents, their mission is to manage the incumbent Commission's top priority policy areas, for which they receive additional support from

11176-419: The fear of Islamization through exerting pressure (politically or through acts of Islamic terrorism ) to impose social, moral, legal as well as cultural norms of Islam at the expense of the local ones, but also the fear of a parallel society emerging along the indigenous one, in the form of turning entire neighborhoods into so-called no-go areas resisting any forms of linguistic or cultural integration into

11303-509: The first enlargement to the north in 1973. With that enlargement, the College of Commissioners membership increased to thirteen under the Ortoli Commission (the United Kingdom as a large member was granted two Commissioners), which dealt with the enlarged community during economic and international instability at that time. The external representation of the Community took a step forward when President Roy Jenkins , recruited to

11430-399: The first quarter of 2017, number of immigrants and refugees accounted for 35% of their numbers of the first quarter of 2016. However, according to critics, the decline in migration occurred due to the fact that people emigrated in large number to Greece before the adoption of a new EU-Turkey agreement. As a result of the crisis, fears have been increasing among the EU population, including

11557-435: The formula of one member for small states and two for larger states. The Rey Commission completed the Community's customs union in 1968 and campaigned for a more powerful, elected, European Parliament . Despite Rey being the first President of the combined communities, Hallstein is seen as the first President of the modern Commission. The Malfatti and Mansholt Commissions followed with work on monetary co-operation and

11684-493: The host society and attempting to replace the national law and its enforcement with some informal own legal norms enforced through militias. Such sentiments have arisen not only due to existence of areas like Molenbeek-Saint-Jean , but also due to a sharp increase in attacks attributed to jihadists in the European Union (their number rose from four attacks in 2014 to seventeen in 2015, while the number of people killed increased from four to 150), but also to some other events such as

11811-409: The increase in the number of states, the Amsterdam Treaty triggered a reduction in the number of Commissioners to one per state, rather than two for the larger states. Allegations of fraud and corruption were again raised in 2004 by former chief auditor Jules Muis. A Commission officer, Guido Strack , reported alleged fraud and abuses in his department in the years 2002–2004 to OLAF, and was fired as

11938-400: The latest parliamentary elections (any person from the largest party can be picked ); that candidate then faces a formal election in the European Parliament . Thus this serves as a form of indirect election . If the European Parliament fails to elect the candidate, the European Council shall propose another within one month. Following the selection of the President, and the appointment of

12065-625: The laws in place in accordance with the Common European Asylum System (CEAS). These laws were established to prohibit European Union Member States from sending individuals back to where they came from at risk of persecution, and to offer international protection to those who were granted refugee status through the course of the law. The latter, however, is still left up to EU Member States the discretion to establish procedures for obtaining and withdrawing international protection. The Asylum Procedures Directive (APD) establishes

12192-551: The legal inception of the European Union (EU)—the principal framework for this unification. The EU inherited many of its present responsibilities from the European Communities (EC), which were founded in the 1950s in the spirit of the Schuman Declaration . European Commission The European Commission ( EC ) is the primary executive arm of the European Union (EU). It operates as

12319-624: The legal system of the EU ( Ireland remains outside the Schengen agreement due to its open border with the United Kingdom , see Common Travel Area for details). The treaty lays down new principles and responsibilities in the field of the common foreign and security policy, with the emphasis on projecting the EU's values to the outside world, protecting its interests, and reforming its modes of action. The European Council will lay down common strategies, which will then be put into effect by

12446-468: The legislative instruments were in various stages of adoption. The Dublin III Regulation is to be replaced by an Asylum and Migration Management Regulation (AMMR), as part of the third phase of the Common European Asylum System. The Justice and Home Affairs Council reached agreement on a negotiating position towards the European Parliament on 8 June 2023, with implementation in 2024. Key to

12573-404: The legislative process; to represent the EU in trade negotiations; to make rules and regulations, for example in competition policy; to draw up the budget of the European Union ; and to scrutinise the implementation of the treaties and legislation. The rules of procedure of the European Commission set out the commission's operation and organisation. Before the Treaty of Lisbon came into force,

12700-403: The media to cover up the events, their extent and the ethnicity of the perpetrators, seriously undermined public trust in reporting on ethnically sensitive topics in Germany and entire EU by the mainstream media. As an obvious consequence, some politicians attempt to capitalize on these fears, or even reinforce them, by voicing opposition against reception of migrants, under the justification that

12827-610: The most 'dynamic' leader until Jacques Delors . The three bodies, collectively named the European Executives , co-existed until 1 July 1967 when, under the Merger Treaty , they were combined into a single administration under President Jean Rey . Owing to the merger, the Rey Commission saw a temporary increase to 14 members—although subsequent Commissions were reduced back to nine, following

12954-433: The national governments. These provisions make the Commission more politically accountable, particularly vis-à-vis the European Parliament. Finally, the new Treaty enables, under very strict conditions, closer co-operation between member states which so wish. Closer co-operation may be established, on a proposal from the commission, in cases where it is not possible to take joint action, provided that such steps do not undermine

13081-456: The necessary technical measures, the commission is assisted by committees made up of representatives of member states and of the public and private lobbies (a process known in jargon as " comitology "). Furthermore, the commission is responsible for the implementation of the EU budget , ensuring, along with the Court of Auditors , that EU funds are correctly spent. In particular the commission has

13208-651: The nine-member " High Authority " under President Jean Monnet (see Monnet Authority ). The High Authority was the supranational administrative executive of the new European Coal and Steel Community (ECSC). It took office first on 10 August 1952 in Luxembourg City. In 1958, the Treaties of Rome had established two new communities alongside the ECSC: the European Economic Community (EEC) and

13335-523: The number of Member States". The exact number of Commissioners was to be decided by a unanimous vote of the European Council , and membership would rotate equally between member states. Following the accession of Romania and Bulgaria in January 2007, this clause took effect for the next Commission. The Treaty of Lisbon, which came into force on 1 December 2009, mandated a reduction of the number of commissioners to two-thirds of member-states from 2014 unless

13462-514: The object of a criminalization campaign on the part of EU member states, leading to the arrest of some ship captains, as well as to the seizure of most of their vessels, provoking international criticism and accusations towards the EU for dereliction of duty regarding SAR operations. As a consequence, the EU has been blamed for numerous deaths at sea by preventing humanitarian NGOs search and rescue efforts, thus allegedly contradicting its declarations of good will towards refugees and migrants. Despite all

13589-594: The off-year elections of the United States Congress , the fact that there are no direct elections for the position of Commission President calls the position's legitimacy into question in the eyes of some Eurosceptics. The fact that the commission can directly decide (albeit with oversight from specially formed 'comitology committees' ) on the shape and character of implementing legislation further raises concerns about democratic legitimacy. Even though democratic structures and methods are changing there

13716-570: The other member states on various subjects (British entry, direct elections to Parliament, the Fouchet Plan and the budget) triggered the "empty chair" crisis , ostensibly over proposals for the Common Agricultural Policy . Although the institutional crisis was solved the following year, it cost Étienne Hirsch his presidency of Euratom and later Walter Hallstein the EEC presidency, despite his otherwise being viewed as

13843-509: The posts of European Commissioner for External Relations with the council's High Representative for the Common Foreign and Security Policy . This post, also a Vice-president of the Commission , would chair the Council of the European Union's foreign affairs meetings as well as the commission's external relations duties. The treaty further provides that the most recent European elections should be " taken into account " when appointing

13970-547: The presidency in January 1977 from his role as Home Secretary of the United Kingdom's Labour government, became the first President to attend a G8 summit on behalf of the Community. Following the Jenkins Commission , Gaston Thorn 's Commission oversaw the Community's enlargement to the south, in addition to beginning work on the Single European Act . The Commission headed by Jacques Delors

14097-402: The principle of solidarity, which is expressed in respect for natural human rights, in the coordination of political and social forces in solving the migration issue. The creation of a migration policy and its functioning is based on the collection of data about the current state of affairs, in particular the statistics of the number of legal and illegal migrants who have crossed the borders of

14224-574: The programme funds the activities and future development of the European Migration Network . Based on the data published by UNHCR, as a result of hostilities in Syria , almost 22% of the country's population (with estimated of 4 million people) turned out to be refugees and internally displaced persons by the beginning of 2015. At the same time as a results of new EU policies, in 2017 the number of migrants has decreased – during

14351-456: The public security and protection of the state and its citizens against Islamic terrorism in Europe must be given precedecence, but also due to economic, social, cultural and religious risk posed by uncontrolled migration. In some EU countries, right-wing extremists , previously marginalised but now reinvigorated, managed to enter the mainstream politics. On the other hand, the representatives of

14478-538: The recast directive on 20 December 2022. The Qualification Directive, which refers to who qualifies for the different statuses. The original Qualification Directive was adopted on 29 April 2004. A recast directive was adopted on 13 December 2011 as part of the second phase of CEAS. As part of the third phase of CEAS, the Qualification Directive is to be replaced by a Qualification Regulation. The Justice and Home Affairs Council reached agreement on

14605-635: The record" answer for live TV. Such a situation is unique in the world. As an integral part of the Directorate-General for Communication, the Spokesperson's Service, in coordination with the Executive Communication Adviser in the President's Cabinet, supports the President and Commissioners so that they can communicate effectively. On political communication matters, the chief spokesperson reports directly to

14732-510: The right, with most national parliaments holding the right in some respects. However, the Council and Parliament may request the commission to draft legislation, though the Commission does have the power to refuse to do so as it did in 2008 over transnational collective conventions. Under the Lisbon Treaty, EU citizens are also able to request the commission to legislate in an area via a petition carrying one million signatures , but this

14859-400: The same time monitor the creation of such a legal provision that is used by all foreigners who have arrived in a foreign country on a common basis In order to regulate and control the high number of migrants as a result of the migration crisis in 2015, the EU annually directs its efforts to develop an effective European migration policy. One of the main principles of migration policy is

14986-475: The second phase of CEAS, a recast Eurodac Regulation was adopted on 16 June 2013. As part of the third phase of CEAS, another recast of the Eurodac Regulation was proposed by the European Commission on 4 May 2016. In 2001, during the first phase of CEAS, a Temporary Protection Directive, was also adopted. In the event of a mass influx of displaced persons from non-EU countries, this directive gives

15113-483: The treaties it still has to be fewer than the total number of members, thus it was proposed that the member state that does not get a Commissioner would get the post of High Representative – the so-called 26+1 formula. This guarantee (which may find its way into the next treaty amendment, probably in an accession treaty) contributed to the Irish approving the treaty in a second referendum in 2009. Lisbon also combined

15240-470: The treaty on 19 November 1997, and after two referendums and 13 decisions by parliaments, the member states finally concluded the procedure. The Treaty of Amsterdam comprises 13 protocols, 51 declarations adopted by the Conference , and eight declarations by member states, plus amendments to the existing treaties set out in 15 articles. Article 1 (containing 16 paragraphs) amends the general provisions of

15367-502: Was actually referred to as the Dublin II Regulation. As part of the second phase of CEAS, the Dublin III Regulation was adopted on 26 June 2013. As part of the third phase of CEAS, the Dublin III Regulation is to be replaced by the Asylum and Migration Management Regulation (AMMR). The Justice and Home Affairs Council reached agreement on a negotiating position towards the European Parliament on 8 June 2023. Key to

15494-470: Was adopted by the co-decision procedure—and its detailed procedures, with the parliament playing a much stronger role. The President of the commission will also have to earn the personal trust of the parliament, which will give them the authority to lay down the commission's policy guidelines and play an active part in choosing the Members of the commission by deciding on their appointment by common accord with

15621-406: Was appointed despite criticism from European socialists over his hard-right affiliations. Other notable appointments included Kaja Kallas as EVP for Foreign and Security Policy, and Henna Virkkunen as EVP for Tech Sovereignty and Digital Technologies. The Commission also introduced new roles like the Commissioner for Defence and Security and the Commissioner for the Mediterranean. The commission

15748-412: Was completed by 2013. The second phase also saw the institution of a European Asylum Support Office . Between May and July 2016, the European Commission proposed legislation for a third phase of the Common European Asylum System. This came in the wake of the 2015 European migrant crisis . In September 2020, these reforms were made part of newly proposed Pact on Migration and Asylum. As of September 2023,

15875-399: Was forced by the Parliament to resign in 1999; a central role was played by Édith Cresson . These frauds were revealed by an internal auditor, Paul van Buitenen . That was the first time a College of Commissioners had been forced to resign en masse , and represented a shift of power towards the Parliament. However, the Santer Commission did carry out work on the Treaty of Amsterdam and

16002-529: Was seen as giving the Community a sense of direction and dynamism. Delors and his College are also considered as the " founding fathers of the euro ". The International Herald Tribune noted the work of Delors at the end of his second term in 1992: "Mr. Delors rescued the European Community from the doldrums. He arrived when Europessimism was at its worst. Although he was a little-known former French finance minister, he breathed life and hope into

16129-407: Was set up from the start to act as an independent supranational authority separate from governments; it has been described as "the only body paid to think European". The members are proposed by their member state governments, one from each. However, they are bound to act independently – free from other influences such as those governments which appointed them. This is in contrast to the Council of

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