Why Security-Based Policies on Migrants Do Not Work: A Case Study

EU Member States face the dilemma of reconciling their sovereignty in migration control with compliance with international human rights standards. The Court therefore emphasised that even irregular migrants are entitled to fundamental rights. Classifying countries as safe countries of origin without sufficient examination leads to legal uncertainty and contradicts EU directives.

"Reports such as those by Draghi and Letta, as well as data from the European Central Bank (ECB), also show that legal migration is essential for coping with demographic change, securing economic growth and strengthening Europe's competitiveness," says cep legal expert Andrea De Petris, who authored the study. The shortage of skilled workers in Europe can only be combated through targeted migration. A purely repressive approach does not curb irregular migration or populism. Instead, it leads to human rights violations and operational complications, for example through inconsistent national decisions or conflicts between the judiciary and politics.

De Petris calls for effective migration management based on clear, rights-based and humane principles. Another key component is the consistent fight against human trafficking and smuggling rings. This not only protects victims from exploitation, but also strengthens national security, as criminal networks are often involved in other illegal activities such as drug or arms trafficking.

As migration is a global phenomenon, international cooperation plays a key role. Effective solutions require cooperation between countries of origin, transit and destination. Partnerships with countries of origin that aim to combat the structural causes of migration, such as poverty and discrimination, are particularly important. This is the only way to make migration sustainable and responsible. "The targeted opening up of regular entry routes reduces the pressure of irregular migration and benefits the economic and employment systems of the Member States," De Petris concludes.