Researcher Salvo Nicolosi: "When we talk about migration, we are actually talking about ourselves"

Boats with migrants on the Mediterranean, looking for a port that will allow them to come ashore. It's an all too familiar image on the news. The same difficulties occur on land, at borders. How should the European Union deal with migration and asylum? It is one of the central questions in the research of Dr. Salvo Nicolosi, at Utrecht University. He was recently invited as an expert by the Dutch ‘Eerste Kamer’ to exchange views on the new European Pact on Migration and Asylum.

Salvo Nicolosi is Assistant Professor in European and international law, researcher at the Utrecht Center for Regulation and Enforcement in Europe (RENFORCE) and Fellow at the Study and Information Center for Human Rights (SIM). He also works for the focus area of ​​Migration and Societal Change at Utrecht University. His areas of expertise are migration and asylum in relation to European and international law.

In March 2021 he was invited as an expert by the Dutch ‘Eerste Kamer’ to exchange views on the new European Pact on Migration and Asylum. This Pact is a package of legislative proposals on European migration and asylum policies that the European Commission published in September 2020. The next step is that this package is discussed and negotiated in the European Parliament.

What did you say at that meeting ?

"I explained what I thought was good and not good about the current package of proposals. A big flaw, for example, is that the Pact does not fix the divergencies in how EU Member States receives and offer protection to refugees. Each Member State has its own asylum system which differs from the that of the other States."

"Another deficiency in the Pact is that too much is left open about how the new European rules can compatible with international legal obligations. For example, Pact formalises screening procedures that at least in some Member States are already in use. The screening procedure would apply to asylum seekers, but, during the screening process these persons would not be considered as being authorised entry into the Member State’s territory. This is a flagrant contradiction of international law and other EU law obligations requiring that asylum seekers have access to the territory."

"What is good about the current package of proposals is that it is much more pragmatic than the previous proposals. I think there's progress with reference to EU agencies, such as Frontex (the European Border and Coast Guard Agency) and EASO (European Asylum Support Office) that will be given more powers . This is good because some countries do not have the necessary resources to deal with refugee influxes and would need mor assistance in terms of expertise or Staff. However, it is necessary to establish clear mechanisms to hold the agencies accountable when their actions infringe the rights of migrants. As the recent alleged involvement of Frontex in pushback operations shows, at present migrants are left without clear remedies."

Migration is a delicate subject, it is sometimes complicated and difficult to talk about it objectively.

How did you experience speaking with that parliamentary committee?

"I really felt honoured, it was great to be asked to do this. In my experience, it is relatively easy to share your findings with journalists, but it is a lot more difficult to get politicians and policymakers interested in listening to expert opinions about sensitive and highly politicised topics, such as migration or refugees. Migration is a delicate subject, it is sometimes complicated and difficult to talk about it objectively in political debates. The other experts were speakers from the UN Refugee Agency UNHCR, a Greek non-profit organisation that supports refugees, and the Secretary General of the European Council of Refugees and Exiles (ECRE). So it was a very international meeting and I really liked that."

"They also asked my opinion on how the Netherlands should position itself as a Member State in the negotiations within the EU and what the country can do. My proposal is: do not negotiate all the proposal as a full package, but negotiate each proposal separately. One instrument at a time increases the chances to see some legislation being adopted."

How did they actually come to you?

"I think a blog post on the RENFORCE blog about the new Migration and Asylum Pact played a role, but that's just a guess. I do know that these blog posts are usually read by many people and that allows to reach a wider audience as a scientist. That’s also a pleasant way to ensure science communication. I definitely recommend it to colleagues."

The sense of urgency surrounding refugees is no longer the same as in 2015. How do you see that?

"That's right, especially if you look at the number of refugees in Europe, there are far fewer than in 2015. But the problems are still there, especially in Greece, Italy, Spain. It remains difficult in a European context to make good policy for this: compromises, solidarity between Member States and doing justice to human rights. So there is certainly still work for the European Union for a comprehensive approach and effective procedures."

I would love seeing more focus on the integration of migrants into society. They can make a good contribution to the European labour market and economy.

What do you think should be more focused?

"I would love seeing more focus on the integration of migrants into society. Migrants can make a good contribution to the European labour market and economy. Of course there are also costs associated with taking in new people. But some of that can be repaid if you have a good integration policy."

"Moreover, migration is a human phenomenon. People will always move across borders, because of conflicts  or for economic reasons, this will always be the case. A strategy aiming only to stop migrants is a failing one."

Why does the subject interest you so much?

“I have a very short answer to that: when we talk about migration, we are actually talking about ourselves: everyone for one reason or another is today on the move. That's why it's always interesting. I will continue my research to address the new challenges raised to the legal systems by migratory movements”