Capability Gap

Absence of a simple and unified legal framework across EU MS that specifies practitioners’ operations with respect to migration

Background

Migration to Europe and within Europe is regulated by a combination of National laws, Community law and other international obligations contracted by EU Member States. In essence, each EU member state should comply with a mixture of International and EU guidelines, recommendations, etc., and aside to them, has to enforce its own National legislation. This is extremely challenging for practitioners as they should be aware of a continuous evolving legal framework. In joint operations, when practitioners of different EU MS operate in the same area, this add additional complexity as probably the national legislation that applies to practitioners’ operations from different EU MS might be different.

Therefore, it is challenging for Practitioners to perform their operational duties with the increasing security challenges and adapt them to comply with a complex set of legal guidelines.

It is even more demanding to co-operate with fellow practitioners from other EU MS for conducting joint operations and extremely challenging to co-operate with practitioners from EU third countries at EU external borders.

Practitioners follow commands from their superiors without questioning compliance to legal framework, which its complexity render it “not practitioner friendly”. The coexistence of overlapping legal frameworks, the condition that practitioners’ operations are subject to national policies makes cooperation and coordination among practitioners from public and volunteer sector very challenging.  

Operational Challenges

Restricted to MEDEA Members

General description of operational capability

Restricted to MEDEA Members

Additional Considerations

Restricted to MEDEA Members
Share this update on: