The Deputy Minister of the Interior and Administration also noted another key issue raised in the letter. ‘The instrumental use of migration by Belarus and Russia, something we are seeing along Polish border as well as on the borders of the Nordic and Baltic States, is a critical matter that the European Union will have to address in the near future’, said Deputy Minister Maciej Duszczyk. 

In addition to Poland, the letter was signed by representatives of Bulgaria, the Czech Republic, Denmark, Estonia, Greece, Italy, Cyprus, Latvia, Lithuania, Malta, the Netherlands, Austria, Romania and Finland. The letter focused on a number of key issues. 

Safe spaces and solutions inspired by Emergency Transit Mechanisms 

The idea envisages a (general) transit mechanism in third countries, which concerns the (temporary) reception of refugees and migrants, namely persons transferred from a non-EU coastal state to which they have travelled by land or to which they have been brought as a result of a rescue operation on the high seas.

The individuals who are not eligible for international protection would then be returned to their country of origin or previous country of residence, or offered other legal options to stay in a safe third country. 

Return centres 

This initiative would assume that third-country nationals whose application for international protection in the EU was rejected could be transferred to a non-EU partner state. They would be accommodated there pending their return to their country of origin. The return decisions would be enforced in the territory of a third country. The returns of third-country nationals would remain the responsibility of the EU Member State concerned.

Comprehensive partnerships with third countries along the lines of the EU-Turkey agreement 

The idea envisages collaboration with third countries along the migration routes leading to Europe, which would implement the necessary measures to stop irregular migration to the EU. New migrants arriving in the EU would be returned to the third country concerned, with due respect for international obligations, including the principle of non-refoulement and the safe third country principle.

The safe third country principle 

EU law provides a limited legal basis for the establishment of a 'safe third country' principle that can be applied by EU Member States. These options need to be explored in order to ensure that EU Member States are able to effectively process applications, transfers, or returns of third-country nationals who are not in need of international protection or who can take advantage of protection in third countries. 

Using migration as leverage 

An effective legal framework is also needed to address using migration and migrants as a tool for obtaining leverage. Efforts are needed to build fixed and mobile infrastructure to effectively safeguard the external border of the EU.

Combating trafficking 

Trafficking is the driving force behind irregular migration to Europe and requires an increasingly coordinated, comprehensive and integrated response from the EU and its Member States. To combat trafficking, we need to continue adopting new legal frameworks and strengthening cooperation – both at the EU level and with key third countries – in order to pursue coordinated measures.

Additional solutions concerning migration

At the beginning of 2023, Denmark led a group of countries that focuses on discussing concepts and ideas aimed at finding additional solutions to the issue of irregular migration to the EU. These issues complement the solutions envisaged in the Migration Pact.

This collaboration resulted in the letter to the President of the European Commission signed by 15 Member States.