The gravediggers of community law

Syrian refugees head to Denmark in 2019 BAX LINDHARDT / EFE

The Greek Conservative Government continues to violate the right of asylum seekers at the border, illegally expelling them without prior in-depth examination of their application, without guarantees.

It does so, often, with the approval of the local population, or seeking their electoral support.

The Danish Government, having devised

In order to isolate immigrants in specific neighborhoods, he has just passed cruel legislation that gives a twist to the rhetoric of exclusion: containing claimants for international protection, including already recognized refugees, in concentration camps outside the European Union, buying authoritarian and complacent governments for that dirty work. This decision will obviously favor multinational private companies, often disguised as NGOs, reinforcing the trend towards commercial outsourcing of control of "surplus" humans. Other EU governments do not hesitate to brutally return, also at the border, in flagrant violation of Schengen rules, migrants who are legally circulating in their territories,those they call “secondary migrants” after duly obtaining authorization in a first country of entry. Meanwhile, the technique of hitting back ―the

characteristic of the Frontex police agency -, has not stopped growing while the duty of diligence of the community institutions declines to paralyze this very serious drift of EU community law. They know. But nothing is done. In short, hypocrisy, double discourse prevails, and little by little a cynical tale of fear is being forged, from the institutional bodies of the Member States and the EU itself, regarding refugees and immigrants.

The rise of the nationalization of European migration policy has been due to the inability of the EU to develop a common position on asylum and, more deeply, on immigration as a key variable in geopolitical relations with countries of origin. Nor should we forget the confluence of these policies and dynamics with the parallel violence of the countries of origin and / or transit. In the Mediterranean, they use immigration as a bargaining chip in their relations with European countries, in order to secure added resources and positions of power.

The paralysis of the inter-European negotiation on the “migratory pact” results precisely from this lack of global and prospective vision, beyond the question of

migrations

. Situation that shows, after all, the intellectual and human misery of Europe on immigration. On the other hand, the Schengen agreements have never been so empty of content. The reality is dramatically disturbing for the rule of law in Europe: repressive measures proposed by the European extreme right reign in several European countries, as if it had already reached power. From Denmark to Austria, democratic governments are dedicated to putting it into practice. So the gravediggers of community law are not necessarily the ones we believed and thought.