Has the Ursula von der Leyen (VDL) Commission (2019-24) delivered a new start in EU migration policy? In short, no, the VDL Commission hasn’t fulfilled its role as ‘Guardian of the Treaties’ to effectively and impartially enforce EU Treaty values and meet the Better Regulation commitments when adopting and implementing EU migration policies.
A home affairs and criminalisation approach prioritising the policing and expulsion of irregularised people has dominated the Commission’s policy agenda. This has been at the expense of upholding the values of the Treaty on the European Union’s Article 2 values, robust enforcement of EU legal standards and ensuring dignified treatment and effective justice to every individual. It has also meant an almost complete disregard of EU Better Regulation commitments in all major legislative initiatives, including the EU Pact on Migration and Asylum.
The European Commission’s policy of irregularising migration is best understood through evaluating the Commission’s internal structures. The Commission’s institutional configuration from 2019-24 has not facilitated effective coordination between its justice and home affairs services in the areas of the rule of law and fundamental rights, nor has it guaranteed effective supervision for all the work undertaken by the Vice-President responsible for ‘Promoting our European Way of Life’ and the Commissioner responsible for Home Affairs and Migration in DG HOME.
With all this in mind, this CEPS Policy Brief recommends that the next Commission should unequivocally commit to monitoring and enforcing an intersectional rule of law and approach, which should include appointing a First Executive Vice-President responsible for coordinating, monitoring and upholding EU Treaty values across all the Commission’s structures and policies.
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