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1. Post-Brexit EU–UK cooperation on migration and asylum: How to live apart, together

Author:
Alberto-Horst Neidhardt
Publication Date:
06-2022
Content Type:
Working Paper
Institution:
European Policy Centre (EPC)
Abstract:
The UK’s withdrawal from the EU has created a policy, legal and operational vacuum in migration and asylum matters which undermines the interests of both sides. There is no more binding framework which defines responsibility for asylum seekers and facilitates transfers between the EU and the UK. Brexit also made it harder to devise and implement effective anti-smuggling strategies with European partners. Despite these gaps, a post-Brexit cooperation agreement is not on the horizon, with structural reforms pursued by each side reflecting conflicting priorities and a growing political disconnect. Following the 2020 proposals of the New Pact on Migration and Asylum, EU member states are still negotiating a mandatory responsibility-sharing mechanism. Meanwhile, in April 2022, the UK overhauled its asylum and immigration law, undercutting safeguards for asylum seekers reaching the country irregularly. The same month, the UK government signed a deal with Rwanda to deport all asylum seekers arriving via the Channel – a move even the European Commission has criticised. Recent post-Brexit tensions over other policy areas, most prominently the Northern Ireland Protocol, have reduced mutual trust to a historic minimum. This makes an ambitious and comprehensive agreement over asylum and migration matters an unlikely prospect for the time being. Yet, as neighbours, the EU and the UK will continue to depend on each other to pursue their respective policy objectives in migration and asylum. So, despite living separately and facing numerous unresolved tensions, the EU and the UK can and should pursue a post-Brexit cooperation framework in these matters. Otherwise, they will both be worse off. As a first step, the two sides should focus on rebuilding trust. This can be achieved by pursuing less contentious goals within immediate reach, such as enhanced anti-smuggling efforts, while also diffusing political tensions across the board. Once an atmosphere of sincere cooperation is restored, as a second step, the EU and the UK should define a broader and more ambitious partnership. Safe and legal channels from the EU to the UK should be re-established. At the same time, equitable solutions for facilitating the return of third-country nationals from the UK to the EU, in full respect of procedural safeguards, should also be found. Although reciprocity would have to be at the heart of this new arrangement, the EU and the UK should go beyond a transactional approach, particularly by strengthening protection pathways and burden-sharing solutions, including with third countries, in line with their international commitments. The European Commission should take the lead in the negotiation of a post-Brexit EU–UK cooperation framework. This would allow the EU to speak with one voice and pursue clear and coherent objectives across the different policy areas concerned. The newly established EU–UK Parliamentary Partnership Assembly should also be involved in the negotiations, helping to democratise the process and achieve a more balanced relationship in the interests of both sides.
Topic:
International Cooperation, Migration, European Union, Brexit, and Asylum
Political Geography:
United Kingdom and Europe

2. Dealing with the Neighbours: The case for an affiliate membership of the European Union and a new Security Council

Author:
Andrew Duff
Publication Date:
12-2021
Content Type:
Working Paper
Institution:
European Policy Centre (EPC)
Abstract:
Brexit is proving to be even more troublesome than expected, giving rise to a gradual softening of British public opinion towards the EU. Any future UK government is likely to want to renegotiate parts of the separation deal that Boris Johnson struck with the EU. Reconciliation between Britain and Europe will take time and need careful calibration, however. The EU should prepare for this constructively and use the opportunity of a British renegotiation to review all its other association agreements - none of which are without defect. The question of governance lies at the heart of the problems which impair the EU’s relations with its neighbours. The EEA and Swiss arrangements are in any case due for overhaul and upgrading. The EU’s traditional enlargement policy to the east and south has foundered, and it would be better if this were admitted openly. Not only are candidate countries unable to meet the demands of membership, but the EU itself is too weak to take on the burden of new members. Instead, a new category of affiliate membership should be written into the EU treaties. Affiliation should allow the EU to develop close economic and cultural partnerships with its neighbours in a democratic fashion. Affiliate states would enjoy greater access to the EU institutions than is permitted under any of the current association agreements. Affiliate membership would also be available as an option for any current EU member state which, like the UK, chose not to adhere to the goal of an ever closer union. Such differentiated integration of the wider Europe will require the EU to build stronger federal government at the centre. The new structure should also be underpinned by the establishment of a European Security Council combining EU member and affiliate states with NATO — including Canada and the US — in regular strategic and operational decisions to protect Western security. The French presidency in the first half of 2022 should take the necessary first steps. The Conference on the Future of Europe might consider these proposals.
Topic:
Security, Governance, European Union, and Brexit
Political Geography:
United Kingdom and Europe

3. Europe after the Brits

Author:
Andrew Duff
Publication Date:
03-2021
Content Type:
Working Paper
Institution:
European Policy Centre (EPC)
Abstract:
Andrew Duff argues that the loss of the United Kingdom should prompt serious reflection about the constitutional direction of the European Union. The secession of a member state changes the context of European integration. Brexit leaves the EU weaker, smaller and poorer — but it can and should also spur reform. The EU should aim to have major changes in place by 2029, including treaty revision. The reforms should include: (i) a renegotiation of the Brexit deal leading to a new class of affiliate membership; (ii) completion of the constitutional framework for a fiscal union; (iii) a European Parliament fully legitimated by election from transnational lists; and (iv) a ‘European Security Council’ of defence ministers to span the divide between the EU and NATO. The Conference on the Future of Europe may prove to be a useful democratic experiment. But it is not designed to address the important constitutional challenges that the Union faces. Duff therefore proposes creating an expert reflection group to stimulate the full implementation of the Treaty of Lisbon as well as prepare the way for the next Convention which must be called to amend the EU treaties. More immediately, the reflection group should make proposals to settle the controversial matter of how to elect the new President of the European Commission in 2024.
Topic:
Politics, Reform, European Union, Brexit, and Institutions
Political Geography:
United Kingdom and Europe

4. After Brexit: Could bilateral agreements facilitate the free movement of persons?

Author:
Diego Acosta
Publication Date:
07-2021
Content Type:
Working Paper
Institution:
European Policy Centre (EPC)
Abstract:
Some of the millions of EU nationals in the UK and British nationals in the EU are already suffering from Brexit’s drastic curtailment of the right to free movement. How can migration now be governed and facilitated between the two parties? Although an EU-wide agreement with the UK that ensures free movement remains the ideal solution, it is currently unrealistic. This calls for an evaluation of possible alternatives. Bilateral agreements should be explored and examined as a possible alternative to an EU-wide agreement with the UK to facilitate and govern cross-border mobility. Various bilateral free movement agreements across Europe show that their use is not only legal but also habitual. They offer flexibility when it comes to the rights of entry, residency and work, as well as other important rights. And they could also be used as a foundation upon which to build an agreement between the EU as a whole and the UK, if not to facilitate the rebuilding of mutual trust. Migration law expert Diego Acosta makes a further case for Spain being the first possible candidate for a post-Brexit bilateral free movement agreement concluded between an EU member state and the UK. Spain is the most important EU destination for British emigrants, and British migrants residing in Spain constitute the latter’s third-largest non-national population. In turn, the UK is the most important migrant destination for Spanish nationals worldwide, who represent the fifth-largest migrant group from the EU. He offers concrete suggestions as to what a bilateral treaty between Spain and the UK could include. In addition, governments of EU member states that have important reciprocal migration flows with the UK, as well as the UK government, should consider the following recommendations when exploring the possibility of adopting bilateral agreements on migration: The negotiating parties should place the rights and interests of both short-term and long-term British and European nationals residing in each other’s territory at the centre stage. In negotiating a possible treaty, both the respective EU member state (e.g. Spain) and the UK should take the pre-Brexit status quo as the departing point. The status of mobile nationals could be improved beyond that enjoyed by EU citizens pre-Brexit. For example, political rights could be extended beyond the municipal level. Certain categories of individuals (e.g. retirees, young workers) could benefit from special provisions which also depart from the pre-Brexit situation.
Topic:
Migration, Treaties and Agreements, European Union, Brexit, Diversity, and Mobility
Political Geography:
United Kingdom and Europe