Stop indiscriminate border pushbacks. The European Union's Court of Justice has dismissed France's border-to-border migration bans with Italy. The Return Directive should apply to every third-country national who enters the territory of a Member State, according to Luxembourg courts. Even if the migrant's stay is illegal, he must be subject to a return decision and must, in principle, be allowed a certain period to voluntarily depart the territory. To summarize, forceful removal is only used as a last resort. A definitive response to the new rules Paris had implemented to refuse entry to nationals of third countries at the frontiers with other member states, where Schengen's freedom of movement has been temporarily suspended and border controls reinstated. For the EU Court, refoulements are allowed in instances of substantial harm to France's public order or internal security, although even in such cases, the procedures on returns must be followed. In essence, cross-border refoulement is a last resort, which could lead to a significant decrease in this activity. The European Commission promptly responded to the judgement, claiming that it has begun consultations with Member States to assess the grounds for instituting border controls and whether they are truly required and appropriate. (Photo by Cédric Puisney)
|