Proposal for a regulation addressing situations of instrumentalisation in the field of migration and asylum: Substitute impact assessment

Abstract

This substitute impact assessment of the European Commission's proposal for a regulation addressing situations of instrumentalisation in the field of migration and asylum was requested by the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE) in the absence of a European Commission impact assessment accompanying the proposal. This substitute IA reviews the problem identified by the Commission and the objectives of the instrumentalisation proposal. It studies the proposal's relationship with the EU Treaties, existing EU border, migration and asylum acquis and the legislative proposals in the 2016 common European asylum system (CEAS) reform and those under the 2020 new pact on migration and asylum. The assessment identifies and analyses the main expected impacts of the proposal, notably the fundamental rights, societal, economic and territorial impacts, as well as those relating to EU external relations. It includes an examination of the effectiveness and efficiency of the proposal's derogations to EU asylum, border and returns standards, and its compatibility with the EU general principles of subsidiarity, proportionality and the rule of law. Attention is also paid to how the monitoring and evaluation of the proposal may be ensured.