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The Guardian World1 min read
UK backs European plan to accelerate illegal migration removals
TL;DR
The UK and European nations have signed a declaration to expedite the deportation of illegal migrants by urging courts to reconsider their decisions on migration cases. This agreement, revealed at a summit in Moldova, emphasizes the need for effective responses to migration pressures to protect European democracy.
Key points
- UK and European countries signed a declaration on migration
- Agreement aims to expedite deportation of illegal migrants
- European Court of Human Rights urged to defer to member states
- Yvette Cooper calls it a common-sense approach
- Concerns raised about the impact on European democracy
The UK and other European countries have signed a landmark declaration pushing courts to rethink how they decide on migration cases, in a bid to make it easier to deport illegal migrants.
The agreement, unveiled at a summit in Moldova on Friday, warns that European democracy itself could be undermined unless states are able to respond more effectively to people smuggling and modern migration pressures.
It urges the European Court of Human Rights in Strasbourg to leave most migration cases to member states.
Speaking ahead of the summit, UK Foreign Secretary Yvette Cooper described the deal as a "common-sense approach" and said she wants to ensure systems "can't be unfairly gamed".
The European Convention on Human Rights (ECHR) was drafted after the Second World War to set out basic rights and freedoms across Europe and is enforced by the Strasbourg court.
The new declaration is not a rewriting of the human rights law - which would take years - but is a political signal from all the member states to human rights judges that there needs to be greater consideration for public interest and democracy when deciding on migration cases.
It was signed by the 46 members of the Council of Europe, the political body which oversees the human rights court and is entirely separate to the European Union.
The document says pressures facing European countries have either changed significant or were unforeseen at the time the human rights convention was drafted.
It states have "the undeniable sovereign right" to establish their own immigration policies and remove foreign nationals in the public interest.
Critics of Friday's declaration said the wording will undermine human rights protections or have no effect on migration because judges could ignore it.
Turning specifically to people smuggling - either by gangs or orchestrated by hostile states - the declaration says that the phenomenon "risks undermining support for and the integrity of the Convention system".
It argues that countries including the UK should be allowed to pursue deals with other countries, including the potential creation of "return hubs" beyond Europe.
"A hostile state or other actor cannot be allowed to undermine European democracies and the values on which the Convention is founded and to abuse the system that it was established to protect," the paper says.
Italy has already struck a deal with Albania to accommodate rejected migrants there.
The UK has been exploring similar to deals - but nothing concrete has come of those talks yet.
In 2023, the UK Supreme Court said the previous government's Rwanda asylum policy was unlawful because of its documented failure to treat genuine refugees fairly.
Q&A
What is the purpose of the UK and European countries' declaration on migration?
The declaration aims to make it easier to deport illegal migrants by encouraging courts to rethink their decisions on migration cases.
How does the agreement affect the European Court of Human Rights?
The agreement urges the European Court of Human Rights to leave most migration cases to the discretion of member states.
Who is the UK Foreign Secretary and what did she say about the migration deal?
UK Foreign Secretary Yvette Cooper described the deal as a 'common-sense approach' aimed at preventing unfair manipulation of migration systems.
What concerns does the declaration raise about European democracy?
The declaration warns that European democracy could be undermined unless states can effectively respond to people smuggling and modern migration challenges.
