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"Migration Control": A Challenge Threatening the Cohesion of the European Union and Fueling the Rise of the Right

The European Commission has proposed a new law aimed at facilitating the expulsion of undocumented migrants, just five months after reaching an agreement on migration and amidst the rise of the far-right in Europe. This proposal highlights the ongoing struggle among EU leaders to maintain a coordinated approach to migration policy. The new law comes as member states, including Germany and Poland, have announced stricter border controls.

The issue of migration is dominating the agenda of the EU summit scheduled for Thursday, with Poland calling for a unified European stance against Russia and Belarus, which have been accused of using migrants as a weapon against the EU and others. Poland has also urged the bloc to tighten laws concerning the return of undocumented arrivals.

This summit takes place during a transitional period in Brussels, as the new European Commission team is set to take office at the beginning of December. Greek Prime Minister Kyriakos Mitsotakis, upon arriving in Brussels on Thursday, stated that expelling undocumented migrants is the "missing link" in European migration policy, adding that "we need to think outside the box."

The EU had reached a migration agreement last spring after four years of intense negotiations. The "Migration and Asylum Pact" was approved by the Strasbourg Parliament and the Council of the European Union despite opposition from Hungary and Poland. This legislative package will come into effect in mid-2026. Member states are required to submit their national plans by December in preparation for its implementation.

According to the French newspaper "Le Monde", the failure to reach a common policy means countries will impose stricter border checks with their neighbors within the visa-free Schengen area, "threatening freedom of movement within the bloc and the efficiency of the single market." Czech Prime Minister Petr Fiala told reporters before the meeting: "Illegal migration today is an internal security issue for the European Union as well as its cohesion. The solution based on controls at the internal borders of the Schengen area, as some countries are doing, directly contradicts the spirit of the European Union."

EU members are emphasizing that current legislation does not meet their expectations for addressing illegal migration flows, prompting them to take unilateral steps to tighten national borders, which affects freedom of movement within the bloc. Advocates for a stricter migration policy argue that countries need new guidelines from Brussels on how to legally deport migrants to their countries of origin, as well as new tools to pressure countries to repatriate their citizens. These tools could include linking repatriation to access to EU visas or preferential commercial access to the bloc's vast market.

Current European Legislation

Currently, migrant expulsions are governed by a 2008 law negotiated "fiercely" at the time, which human rights advocates have described as "a shameful law" according to the French newspaper "L'Express." This text coordinates rules within the EU for expelling undocumented migrants from European countries to third countries (outside the bloc) while their asylum applications are being processed.

The decision to deport to the border grants the individual a "reasonable period of time" to allow them to leave "voluntarily." This period ranges from 7 to 30 days, except in cases of flight risk or danger to public order. From Hungary's strongman Viktor Orban to Danish Social Democrat Prime Minister Mette Frederiksen, European leaders share one thing in common: the desire to limit immigration.

This legislation also regulates "coercive measures" such as detention in a detention center prior to deportation. EU legislation allows for the detention of undocumented migrants for a maximum of 18 months, but only as a "last resort." Following deportation, the law permits a five-year ban from the territory of the 27 countries.

In addition to the 2008 rules, new European rules on migration are scheduled to come into effect in mid-2026, following the adoption of the Asylum and Migration Pact in May. This text had already tightened controls and established a solidarity mechanism among the 27 member states for the care of asylum seekers.

Revision of Legislation

Fifteen EU member states, including France, Germany, Austria, and the Netherlands, support Ursula von der Leyen's plan to tighten EU migration rules. In France, the new Interior Minister, Gérald Darmanin, accuses current European laws on migration of making "the return of foreigners almost impossible" to their country of origin, considering that the case law of the Court of Justice of the European Union is too lenient. The conservative right-winger wants to modify the deadlines granted for voluntary return before forced deportation, according to "L'Express."

An EU diplomat told "Agence France-Presse": "France and Germany are the most strict on migration and fully support the move proposed by the Commission." The French Interior Minister welcomed Berlin's decision last month to reimpose police control on its borders for six months, reflecting the European Commission's move towards adopting stricter laws but at the same time effectively simplifying the deportation process.

Key Amendments?

In May, the EU adopted the Migration and Asylum Agreement, which is expected to come into effect in mid-2026. However, countries like Germany and France are calling for its accelerated implementation to address the problems of asylum seekers. The far-right is exerting significant pressure to modify the agendas of the European summit and impose migration as a "top priority" within the bloc. Marine Le Pen, the leader of the far-right in France and the third strongest force in the European Parliament, said upon arriving in Brussels: "They heard what we have been saying for years."

The new French Interior Minister, Gérald Darmanin, has stated that the country is likely to see tightening measures in the areas of "migration and security."

Several European governments have called for simplification of the rules governing the expulsion of undocumented migrants. The new plan outlines rules for the 27 member states to handle individuals attempting to enter without authorization, from how to examine them to determine if they are eligible for protection to their deportation if they are not allowed to stay. It also defines a mechanism for sharing the burden, which Hungary and Poland have rejected.

While irregular entries have fallen by 42% in the first nine months of 2024, with the "Frontex" agency registering 166,000 crossings, European Commission President Ursula von der Leyen is calling for more rigor and strictness in asylum and migration issues. Von der Leyen wrote on the "X" platform: "We also need to continue exploring possible ways forward regarding the idea of developing return centers outside the European Union, especially in light of the new legislative proposal on deportation."

Safe Third Countries

Von der Leyen is also pushing for the designation of "safe third countries" at the EU level to avoid disputes among member states and speed up the deportation process, which remains unchanged at between 20% and 30%. This slow rate has brought migration back to the European political table with force, even though the bloc has recently completed a difficult reform. Last week, a group of 17 European countries sent a document to the Commission demanding a "paradigm shift" in deportation procedures.

The European plan also proposes seeking the assistance of third countries (outside the European bloc) to implement asylum procedures, as Italy does in Albania, or facilitating deportations to third countries or establishing "return centers" outside Europe to process asylum applications. Following European migration agreements with Tunisia, Egypt, and Lebanon, it is also proposed to launch negotiations with Senegal or even Mali.

German Chancellor Olaf Scholz said on Wednesday that the proposed establishment of "return centers" is just a "drop in the ocean" and does not represent a solution for "major countries" like Germany. Spain opposes this, while France cautiously calls for "encouraging deportation when circumstances permit, rather than organizing trips to centers in third countries," according to the Élysée Palace.

An EU diplomat from France said the discussion is "vague and very preliminary, and there is no plan for these issues" according to the website "La Croix."