THE STATE OF THE EUROPEAN UNION REPORT. Europe in a period of transition

NEW EUROPEAN PACT ON MIGRATION AND ASYLUM 109 dermined by the complex and bureaucratic procedures entailed by its application. The EESC similarly expressed its concern over the new border procedures, particularly with respect to protection for the right to request asylum. It also opposed the use of indeterminate legal concepts such as “security threat” and “public order” or the erroneous concept of “coun- tries with low rates of recognition of asylum”, which generates legal uncertainty. It appealed to the need for compulsory solidarity in the case of relocation, arguing that without such provisions or the creation of proce- dures to allow people to request asylum in EU Member states without the need to cross internal borders, the Regulation would not work in practice. In addition, the EESC has urged the Commission to pay special attention to families with children, and unaccompanied minors and argues that it is unacceptable that, contrary to interna- tional law, only those below the age of 12 are deemed to be children, not those below the age of 18. Of particular importance is the first discussion on the migration pact, in March 2021, of the EU Council of Ministers of Justice and Home Affairs (JHA) at the informal meeting held under the German presidency, at which there was evidence of the diverging interests of states with respect to the proposals announced. Six months after the official launch of the negotiation of a new European Pact on Migration and Asylum and the publication of various position documents, the Home Affairs and Migration ministers of Cyprus, Greece, Italy, Malta and Spain set out their principal concerns regard- ing the imbalances in the texts proposed, which “are still far from being fully governed by the principle of solidarity and the fair distribution of responsibility.” “In this regard, we reiterate our strong request for a genuine and necessary balance between solidarity and responsibility, given that in its current format, the Pact does not offer sufficient guarantees to Member states on the front line. We are aware of the complexity of the issues in question, and we appreciate the commitment of the European Commission, as well as of the previous and current Presidencies of Germany and Portugal, to constructively work with all Member states with the am- bition to find fair and sustainable solutions.” The declaration included a series of proposals which merited particular attention, to understand the conse- quences that the proposals would have for states that constitute the EU’s external border: − Only by increasing cooperation with origin and transit countries will we be able to prevent primary and secondary movements, migrant smuggling and trafficking and loss of lives, as well as to promote effective returns. Support needs to be ensured for third countries at our external borders in building their capacities in migration management, fight aga- inst trafficking and smuggling (in line with the 2020 EU–Africa Ministerial Conference on countering smu- ggling, hosted by Italy), border control and asylum. − We welcome the Presidency’s initiative for intensi- fying our work with North African states, and the Team Europe Initiative launched by Spain together with the Commission for the Atlantic route countries. We also need to prioritise our cooperation with the Silk Route countries and the Sahel region. Further- more, we should seek to establish a closer dialogue with neighbouring countries along the Eastern Medi- terranean and Western Balkan route, while ensuring that the 2016 EU–Turkey Joint Statement is fully and consistently implemented in its entirety by both the EU and Turkey, towards all Member states indiscri- minately under clear conditionality and monitoring. − At the same time, we must remain focused on our re- solve to effectively control the EU’s external borders, supported by Frontex when needed. The emphasis should be placed on border management, through enhanced surveillance at origin and prevention of illegal crossings, not border procedures. − The Pact focuses prescriptively on the responsibi- lities of front-line Member states that are already exposed to disproportionate pressures, while the solidarity mechanism remains uncertain as far as the actual adoption of the implementing acts by the