Richard Parks The European Commission has given the green light to Poland’s controversial plan to suspend asylum rights temporarily. This measure addresses the increasing migration pressures at the EU’s eastern borders, which are allegedly fueled by Russia and Belarus to destabilize the region.
Exceptional Measures in Response to Hybrid Threats
Poland’s initiative introduces a time-limited suspension of asylum applications in specific border areas. The measure aims to counter the strategic use of migration as a weapon by Russia and Belarus. Finland has also prepared similar emergency legislation to block asylum claims under certain conditions.
The European Commission justified this move, stating that such measures are permissible if they are proportionate, temporary, and necessary for addressing security threats. “Member states can apply exceptional measures, but they must always respect legal limits,” said Henna Virkkunen, the Commission’s Vice President for Security and Democracy. This approval marks a shift from the Commission’s earlier position, where it emphasized Poland’s duty to provide access to asylum procedures.
Concerns Over Human Rights and Pushbacks
Human rights groups, including Amnesty International, criticized the decision as a violation of international law. Human Rights Watch reported incidents of Polish border guards pushing migrants back into Belarus, where they faced harsh conditions and mistreatment by Belarusian authorities.
The principle of non-refoulement prohibits returning individuals to countries where they may face persecution or harm. While the Commission reaffirmed this principle, it did not clarify if returning migrants to Belarus violates this rule.
The EU’s approval reflects a broader shift toward prioritizing border security over humanitarian obligations. Critics fear that these temporary restrictions could become permanent, undermining the fundamental right to asylum and reshaping the EU’s approach to migration policy.