RIGHTS AT RISK: Implications of a closer nexus between asylum and return proceduresOn the backdrop of the political push for increasing effectiveness of the migration management system in the EU and for ensuring a more direct link between the asylum and return procedure, DRC reiterates the need for a critical assessment of the protection implications and potential adverse effect on fundamental rights.
In a policy brief released today, DRC explores how measures aimed at reducing the gap between the asylum and return procedure are implemented as part of the EU hotspot approach. DRC has looked into how practices of swift distinction between refugees and migrants and the channeling of the respective categories into different procedures have evolved during the development of the EU hotspot approach.
Based on a field study in Greece and Italy, the policy brief points to barriers regarding effective access to the asylum procedure and consequent risk of refoulement, due to accelerated procedures for certain nationality groups, an expanded use of detention and a lack of effective access to meaningful legal information and legal assistance.
The implementation of the EU hotspots in Greece and Italy provides critical insights and lessons learned for the further development of the EU hotspot approach in general as well as to the political efforts to improve the effectiveness of the migration management system through reform of the asylum system.
DRC argues that a fair and efficient asylum system must balance the demand for effectiveness and efficiency with the safeguarding of the fundamental rights and the principle of non-refoulement.