Oblivious to the tragedy

Teresa Freixes denounces the abandonment of the administrations in an article on “Migration, asylum and refuge: distribution of responsibilities”

Teresa Freixes, professor of Constitutional Law at the Autonomous University of Barcelona, full academician and secretary general of the Royal European Academy of Doctors-Barcelona 1914 (RAED), published on January 30 in the digital newspaper “okdiario” the article “Migración, asilo y refugio: reparto de responsabilidades” (Migration, asylum and refuge: distribution of responsibilities), where she reflects on the role that different administrations, European and Spanish, are playing about the problem of illegal immigration and the management of migrants who have reached the European Union.

Dra. Teresa Freixes

“The Treaties of the European Union set a clear legal framework in this regard, which obviously has to be implemented through the common policies that are also described in them, but Poland and Hungary don’t want to endanger the national essence; Denmark, the Netherlands, Bavaria or Baden-Württemberg confiscate immigrants money or property deemed necessary to cover the expenses generated by their care, other states have erected fences at the border or close it and prevent them from moving to state in the North that have an asylum legislation more generous or to other rich countries”, says the author without hiding his outrage at what she considers a violation of common standards, if not directly of texts with legal status.

Freixes recognizes that it is not easy to manage an exodus that was not known in Europe since the Second World War. And she gives as an example situations like that of a small country, like Slovenia, with migratory flows of more than 3,000 people per day. “It is not feasible that localities of 400 inhabitants have to organize the reception of thousands of newcomers without being given the necessary help, including translators. But above all, the real condition of asylum seeker is not clear”, she considers.

In this regard, the author cites article 78 of the Treaty on the Functioning of the European Union: “The Union will develop a common policy on asylum, subsidiary protection and temporary protection aimed at offering an appropriate status to every third-country national who need international protection and ensure respect for the principle of non-refoulement. This policy should be in accordance with the Geneva Convention of July 28, 1951 and the Protocol of January 31, 1967 on the Statute of Refugees, as well as other treaties relevant”. “Where is this common policy, how is it defined and how is it applied, taking into account the Geneva Convention and the Refugee Statute?”, she questions.

For Freixes, the responsibility before the tragedy must be shared. “Is it hard to realize that we are facing one of the biggest problems of this century and that we must face it?”. How difficult is it to apply what is already regulated? European citizens cannot remain indifferent. At this moment they are the ones who, according to the provisions of the treaty, must agree on the provisional emergency measures and, in parallel, adopt the permanent legislative framework. We cannot stop pressing, because the problem will be structural in the short term and medium term”, she concludes.