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IMMIGRATION

French court backs controls on Italian border

France's top administrative court has ruled that border controls on migrants at the Italian frontier were legal and did not violate the Schengen agreement that created Europe's passport-free zone.

French court backs controls on Italian border
A view of the Italian French border with migrants camped out on the Italian side. Photo: AFP

The court dismissed a complaint by three organisations in support of scores of migrants stranded at the border between France and Italy since mid-June.

The migrants — most of them Africans — have become a source of tension between France and Italy and their plight has illustrated the immigration crisis facing Europe as it struggles to agree on how to divvy up its responsibility for those flocking to its shores.

“The suppression of systematic interior border controls in the Schengen area does not prevent French authorities from carrying out identity controls,” the State Council said in a statement.

The administrative court added that such controls did not “exceed the legal framework, be it by their magnitude, frequency or implementation.

“These controls are thus not equivalent to the implementation of a permanent and systematic control at the French-Italian border,” read the statement.

Between 150 and 200 migrants are camped out on seaside rocks and under a railway bridge near the Italian border post of Ventimiglia, where French police have been stopping migrants from crossing into France.

French President Francois Hollande said earlier this month that the border had not been closed, but strict controls were being carried out on immigrants hoping to pass into Europe via France after washing up on Italy's shores on rickety boats from Libya.

“We are applying the rules,” he said in reference to the Dublin agreement which obliges migrants to apply for asylum in the European country in which they first set foot.

Many migrants hope to avoid doing so as they do not want to stay in recession-hit Italy but hope to reach countries further north with better job prospects.

Italy has struggled to accomodate some 60,000 migrants which have arrived on its shores this year.

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POLITICS

How the EU aims to reform border-free Schengen area

European countries agreed on Thursday to push towards a long-stalled reform of the bloc's migration system, urging tighter control of external borders and better burden-sharing when it comes to asylum-seekers.

How the EU aims to reform border-free Schengen area
European interior ministers met in the northern French city of tourcoing, where president Emmanuel Macron gave a speech. Photo: Yoat Valat/AFP

The EU home affairs commissioner Ylva Johansson, speaking after a meeting of European interior ministers, said she welcomed what she saw as new momentum on the issue.

In a reflection of the deep-rooted divisions on the issue, France’s Interior Minister Gérald Darmanin – whose country holds the rotating EU presidency – said the process would be “gradual”, and welcomed what he said was unanimous backing.

EU countries backed a proposal from French President Emmanuel Macron to create a council guiding policy in the Schengen area, the passport-free zone used by most EU countries and some affiliated nations such as Switzerland and Norway.

Schengen council

Speaking before the meeting, Macron said the “Schengen Council” would evaluate how the area was working but would also take joint decisions and facilitate coordination in times of crisis.

“This council can become the face of a strong, protective Europe that is comfortable with controlling its borders and therefore its destiny,” he said.

The first meeting is scheduled to take place on March 3rd in Brussels.

A statement released after the meeting said: “On this occasion, they will establish a set of indicators allowing for real time evaluation of the situation at our borders, and, with an aim to be able to respond to any difficulty, will continue their discussions on implementing new tools for solidarity at the external borders.”

Step by step

The statement also confirmed EU countries agreed to take a step-by-step approach on plans for reforming the EU’s asylum rules.

“The ministers also discussed the issues of asylum and immigration,” it read.

“They expressed their support for the phased approach, step by step, put forward by the French Presidency to make headway on these complex negotiations.

“On this basis, the Council will work over the coming weeks to define a first step of the reform of the European immigration and asylum system, which will fully respect the balance between the requirements of responsibility and solidarity.”

A planned overhaul of EU migration policy has so far foundered on the refusal of countries such as the Czech Republic, Hungary, Poland and Slovakia to accept a sharing out of asylum-seekers across the bloc.

That forces countries on the EU’s outer southern rim – Italy, Greece, Malta and Spain – to take responsibility for handling irregular migrants, many of whom are intent on making their way to Europe’s wealthier northern nations.

France is pushing for member states to commit to reinforcing the EU’s external borders by recording the details of every foreign arrival and improving vetting procedures.

It also wants recalcitrant EU countries to financially help out the ones on the frontline of migration flows if they do not take in asylum-seekers themselves.

Johansson was critical of the fact that, last year, “45,000 irregular arrivals” were not entered into the common Eurodac database containing the fingerprints of migrants and asylum-seekers.

Earlier, German Interior Minister Nancy Faeser suggested her country, France and others could form a “coalition of the willing” to take in asylum-seekers even if no bloc-wide agreement was struck to share them across member states.

She noted that Macron spoke of a dozen countries in that grouping, but added that was probably “very optimistic”.

Luxembourg’s foreign minister, Jean Asselborn, hailed what he said was “a less negative atmosphere” in Thursday’s meeting compared to previous talks.

But he cautioned that “we cannot let a few countries do their EU duty… while others look away”.

France is now working on reconciling positions with the aim of presenting propositions at a March 3rd meeting on European affairs.

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