Faced with hybrid threats involving the instrumentalization of migrants, member states may temporarily, under strictly defined conditions, limit the right to asylum, according to the European Commission.
“Member states are responsible for protecting external borders, and given the unprecedented nature of the situation at today’s external eastern borders, they may adopt extraordinary measures to defend their external borders, which must be temporary, proportionate, and limited to specifically defined cases,” stated Henna Virkkunen, Executive Vice President for Technological Sovereignty, Security, and Democracy, on Wednesday.
Virkkunen presented a document adopted by the Commission on Wednesday, clarifying the measures member states can take against the hybrid threats posed by Russia and Belarus through the instrumentalization of migrants on the European Union’s (EU)eastern borders.
According to Frontex data, approximately 13.200 attempts of illegal crossings via the EU’s eastern land borders were recorded in the first nine months of this year, particularly from Belarus into Poland and Lithuania – a 192% increase. Russia and Belarus have been sending migrants from third countries to the borders of EU eastern member states since 2021 to destabilize the EU and its members.
In October, Polish Prime Minister Donald Tusk announced plans to temporarily suspend the right to asylum.
“These measures must also comply with international law and EU law,” said Virkkunen.
When directly asked whether this means the Commission is giving member states the green light to limit fundamental rights, including the right to asylum, Virkkunen confirmed that it is possible in extraordinary circumstances.
“In this communication, the Commission clarifies these exceptional situations in which member states may take extraordinary measures, such as limiting the right to asylum, but this must occur under strictly defined conditions,” she stated.
The document adopted today also announced operational support amounting to 170 million euros for countries bordering Russia and Belarus.
Of this amount, Poland and Finland would each receive 50 millioneuros, while Estonia, Latvia, Lithuania, and Norway would receive between 15 and 20 million euros. The funds can be used to upgrade electronic border surveillance equipment, improve telecommunications networks, acquire mobile movement detection equipment, and prevent drone intrusions.
