Justice Commissioner prefers solidarity to burden sharing

The new European Justice Commissioner, Jacques Barrot seems to prefer strengthening solidarity mechanisms than have a new burden sharing system in order to solve Malta's illegal immigration problems.

The burden sharing system was formally proposed by Malta and Spain last year.

Pressed by Nationalist MEP Simon Busuttil at the European Parliament to give details on the state of play with regard to Malta's burden sharing proposal, Mr Barrot avoided the direct question and instead gave details of the general EU plans in the area, including two new studies to be commissioned next year.

The commissioner also indicated that he is not very favourable to Malta's specific burden sharing proposal.

He told Dr Busuttil that, following the recent publication of an EU policy plan on asylum, "the Commission notes that the best way to ensure a high degree of solidarity is not to adopt a new overreaching instrument but to put at the disposal of member states a series of mechanisms that will help them cope with the variety of challenges they are faced with".

Totally avoiding the question of illegal immigration and focusing on asylum, Mr Barrot said that, during the course of next year, the Commission will be launching a study assessing the possibility of the joint processing of specific caseloads (asylum seekers), which would also examine how joint processing might alleviate the pressure on specific "over burdened" member states. He said the Commission also plans to create a community mechanism that would allow, in well-defined and exceptional circumstances, the possibility of temporarily suspending the application of the Dublin rules for transfers of asylum seekers to a member state whose reception system cannot adequately deal with the transferred persons.

According to the current rules, asylum seekers - all illegal immigrants landing in Malta normally become asylum seekers - have to be detained and processed in Malta and cannot be sent to other EU member states.

Government sources acknowledged that the Commission proposals mentioned by Mr Barrot are beneficial to Malta but underlined that the Island's burden-sharing proposal is different and is still on the table.

A year ago, during a meeting of EU Justice Ministers, Malta proposed that all EU member states agree on a new mechanism of burden sharing of patrols in international waters and those of non-EU countries. According to this proposal each member state should take responsibility for a number of people saved according to a rotation system and in proportion to their populations.

Although diplomatically the Commission said that it agreed with this proposal, so far little has been done to put it in practice. Many member states remained lukewarm over this proposal.

Contacted by The Times on the prevailing illegal immigration situation and recent evidence suggesting that the Frontex patrols seem to be ineffective, Dr Busuttil, who is the European Parliament's rapporteur on the EU's common immigration policy, said that while it is true that the Frontex patrols can be more effective, the solution is not to stop them.

"The problem is not so much Frontex. The real problem is the lack of cooperation from Libya, which is particularly regrettable for us Maltese given our long-standing friendship. Unless Libya co-operates by stopping immigrants from leaving, by taking them back and by participating in Frontex patrols, Frontex will not be as effective as we would like it to be."

At the same time, Dr Busuttil disagreed that the Nautilus III mission is a waste of time.

"Viewing these missions as a waste of time is short-sighted. These missions do have some impact primarily to save human lives and to supplement Malta's patrolling assets in the area, which would otherwise be left completely on their own."

However, Dr Busuttil acknowledged that Malta is far from solving this problem.