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EXTERNALIZING MIGRATION MANAGEMENT

solidarity for tackling the migrant crisis(4)(5). Yet, even the relocation approach
failed as a matter of politics and real solidarity among the EU Member States
was poor. The proposal for establishing a permanent relocation mechanism
was shelved by the Commission due to strong opposition by many States(6).
The pending proposal for reforming the Dublin Regulation is not a real game-
changer in terms of improved solidarity among States. Basically, the draft pro-
posed by the Commission and welcomed by the majority of States leaves
untouched the previous framework and its benchmark, i.e. the country-of-first-
entry criterion(7). The European Parliament turned upside down the
Commission’s draft: the amendments delete the country-of-first-entry criterion
and uphold the principle of permanent relocation of asylum-seekers among all
States and in any situation(8). Yet, at least for the time being, the only conse-
quence of the European Parliament’s amendments has been the stalling of
negotiations with the Council. To date, there is no light at the end of the tunnel
and EU Institutions and Member States are sailing in unchartered waters.
Waiting for the reform of the Dublin system and with no relocation mecha-
nism in place, last year has been characterized by Italy’s ‘closed ports’ policy
which has de facto waived the country-of- first-entry or, however, has made its
application scant or erratic. The result has been a case-by-case approach to SAR
events with NGO’s rescue vessels often stuck for days and days in international
waters off the Italian or Maltese coast while waiting for ad hoc agreements
among the European governments regarding both the assignment of a safe
port and the relocation on a voluntary basis and for a limited number of asylum
seekers. Intense and tough diplomatic rows with accusations and finger-poin-
ting being exchanged between some Governments and EU Institutions showed
once again the lack of solidarity and mutual commitment in the field of asylum
and migration. Therefore, it is no surprise that the only legal mechanism that
has worked in the last years was resettlement with its “pick-and-choice” logic
on voluntary basis. This kind of approach is however far from the principles
of solidarity and equal burden-sharing and paves the way for a sort of “meri-
tocratic” application of migration and asylum rules.

5. Incapable of finding a political solution for reforming the Common
European Asylum System and better dealing with migratory and humanitarian
flows, the EU Member States and Institutions started searching the solution for
their problems across the European borders by increasing the EU external
action. The strategy is clear: in the short-term, cooperation with third countries
to enhance returns and offshore the management of irregular flows should be
strengthened; in the long-term, the promotion of the “European way of life”(9)

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