EU Agency for Asylum — an essential tool for building the world’s only multinational asylum system
Interview with Nina Gregori, Executive Director of the European Union Agency for Asylum
The solution to the EU’s goal of a more unified asylum policy lies not only in drafting common legislation but also in applying the rules in a harmonised way. With that in mind, the European Union Agency for Asylum (EUAA) has set up several platforms on which experts can meet, and it is providing practical support on the ground with matters ranging from dealing with procedures to offering technical support. Nina Gregori, the EUAA’s Executive Director, is keen to share what the agency does. In this interview by Kiara Borg, recently intern in the Directorate of the Presidency, and Gaston Moonen, she also draws on her wide experience of migration issues to discuss what it will take to achieve a common approach to asylum in the EU.
By Kiara Borg and Gaston Moonen, Directorate of the Presidency
Offering help and support at all stages of the asylum procedure
When interviewing Nina Gregori it quickly becomes clear that issues of migration have always been central to her professional life. ‘Migration policy is very dynamic and has had my interest since I was a student.’ She has worked in the area since 1999, when, as a Slovenian civil servant, she helped her country adjust to the break-up of Yugoslavia and prepare for accession to the EU in 2004. ‘I was then part of the team responsible for the alignment of legislation on justice and home affairs. And in 2007 Slovenia became a member of the Schengen area. I worked in the Ministry of Interior, seeing migration from the practical perspective.’ She rose to become Director-General in the Ministry with responsibility for various issues, including migration policy. ‘I think it can be an advantage when you come from a smaller country, drafting policy but also seeing how your work then affects beneficiaries under international asylum legislation.’
Since 2019 Nina Gregori has been Executive Director of the European Union Agency for Asylum, having previously been a member of the EUAA’s Management Board. She explains that, since the establishment of the EUAA’s predecessor, the European Asylum Support Office (EASO) in 2010, the agency has grown significantly. ‘The EASO was, atthe beginning, a solidarity mechanism, aiming to bring member states to a level of a common asylum system, offering guidance and bringing together practices and experts in the field of asylum and reception. By creating this information on common principles, the idea was that these experts would act accordingly, creating a space of safety for people seeking international protection. The EUAA is in fact a huge tool to contribute to building up a common EU asylum system.’
The EUAA is in fact a huge tool to contribute to building up a common EU asylum system.
Box 1 — European Union Agency for Asylum (EUAA)
The EUAA supports member states in applying the package of EU laws that govern international protection and reception conditions, known as the Common European Asylum System (CEAS). While the EUAA acts as a resource for member states to provide practical, legal, technical, advisory and operational assistance, it does not replace national asylum or reception authorities. Its ultimate aim is to arrive at a harmonised approach to asylum in all member states so that similar applications in any of the member states will always produce the same result. And so that, no matter in which member state they seek asylum, applicants will enjoy the same rights, obligations and reception conditions. The EUAA is based in Malta, where it employs around 540 staff; it also deploys about 1 400 people in other countries as necessary, mostly in other member states.
She explains that the first area of commonality is the legislation itself. ‘The first set of legislation was directives, which may mean differences when countries transpose them into national legislation.’ Other differences may occur as a result of the implementing authorities procedures. She believes that the new Pact the European Parliament, Council and Commission are currently working on will bring changes to the regulatory approach. ‘In a way we are coming closer to codification. This would bring new dynamics in the creation of a common EU asylum system.’
Nina Gregori observes that the developments leading to the Pact go back to 2015/2016, when the EU had to deal with large migration flows. ‘Our agency then directly supported relocation actions in Italy and Greece. Since I joined as Executive Director, I have signed operating plans with many other member states — and now, as EUAA, we are operationally present on the ground in 13 countries. This relates of course to the consequences of the situation in Ukraine, the developments in Belarus and the fall of Kabul.’ She explains that member states are now more aware that the EUAA is working for them, and that they can ask for support, based on a needs assessment and an agreed operating plan. ‘But we definitely do not take decisions when it comes to concrete asylum cases. That is the sovereignty of the member states. We offer support and help, in all stages of procedures.’ This can mean, for example, providing information, registering applicants and preparing files. ‘In the end, the member states issue a decision, their decision!’
… we are operationally present on the ground in 13 countries.
Getting to grips with migration — how it could work
Nina Gregori explains that 2022 has been an exceptional year for EUAA activities. The reasons include, but are not limited to, the flow of refugees fleeing the war in Ukraine. ‘On 4 March 2022, the Council unanimously activated the Temporary Protection Directive — the TPD — for the first time in 20 years of its existence, giving those fleeing war in Ukraine the right to temporary protection. Then our agency got an additional role to play in the implementation of this directive. We did not have the tools, the training, the guidance in view of this novelty, with this directive bringing new procedures, new workflows, new registration practices.’ Part of all this was a fast-track procedure based on ‘prima facie’ registration, with tasks sometimes attributed to authorities with no previous experience of asylum work. ‘Ranging from local authorities to the police. We needed to embark on new work and a new environment. We very quickly developed training materials for member states, as well as information materials for beneficiaries of temporary protection, covering all 27 member states, including translations in Ukrainian.’
Given its aim of convergence among asylum practices, the EUAA’s networking function is key for Nina Gregori; it is highlighted by the agency’s activation of multiple thematic networks in which it works with member states on topics like reception, vulnerability, and the development and provision of guidance on, for example, how to organise private accommodation for persons displaced from Ukraine. ‘This is how the common EU asylum system should be built. The EU has the world’s only multinational asylum system. It is unique! Its output is convergence in the asylum process, and you cannot have that by preparing guidance while nobody is using it. So first you have to listen to the member states’ needs, involve them in the inclusive process of preparing this guidance. And then of course they have to use this.’
The EU has the world’s only multinational asylum system. It is unique! Its output is convergence in the asylum process…
She observes that the new regulation that is part of the Pact currently under negotiation is very important for the creation of a common system. ‘As agency we prepare country of-origin information and guidance. This serves as a basis for assessing the individual claims of asylum seekers. If a person comes from this or that region in Afghanistan, then the information we objectively produce can serve as basis for everybody in the EU.’ She explains that there is not a common list of safe countries of origin or safe third countries. ‘We published an analysis of this in December 2022. Most member states have lists — but not lists of safe third countries.’ She stresses that 2022 was unprecedented in that five million people had never before come directly over the borders of the EU. ‘Which included at least one million people coming from other countries than Ukraine. We help on the spot to implement asylum procedures. Our biggest operation now is in Greece, also when it comes to human resources: we have around 450 people there.’
We help on the spot to implement asylum procedures. Our biggest operation now is in Greece…
One crucial aspect of the EUAA’s operations in member states is that it needs to be invited. ‘We can only work upon invitation, which is a sovereign decision of the member state.’ She cites the Czech Republic, a country not far from the EU’s eastern border. ‘We came to help with implementation of the TPD, in particular regarding reception conditions. This is also the case for other member states at the external border.’ She adds, however, that the agency is not only there for EU border countries. ‘Belgium and the Netherlands had various issues with their reception capacity. For the first time our agency was asked to support them, and we have agreed operating plans with them, such as for the setting up of additional capacity for housing. We are offering them housing units.
Addressing different recognition levels and more…
How can the Dublin Regulation, which establishes which member state is responsible for handling each asylum application, be reconciled with the Schengen rules, which allow migrants to move freely between member states and, for example, favour those with a higher asylum recognition rate? In discussing this, Nina Gregori refers to the 2023 EUAA report. ‘From this and other reports you can read that recognition rates indeed vary. There continues to be a large variation in national practices to grant protection to specific citizenships or citizens coming from particular countries. Afghanistan is a good example. Member states are aware of this situation, as they are of the consequences, namely secondary movements.’ She underlines that asylum seekers are aware of it too, but for them various other factors contribute to secondary movements. ‘For example strong diasporas, or decisions from the national courts with which the administration needs to comply at second instance level.’
On this last aspect she explains that her agency too tries to connect to the judiciary, since the courts play a very important role in convergence towards a common asylum system. ‘Our agency has a dedicated sector dealing with training for the members of courts and tribunals, and we reach out to their rather strong European associations to promote convergence at this second instance.’ She observes that, for the EU as a whole, there are always around half a million pending cases at first instance, where member states are still deciding, and almost the same number at second instance. ‘Meaning that the decisions taken by national courts substantially influence the overall situation.’
Our agency has a dedicated sector dealing with training for the members of courts and tribunals (…) the decisions taken by national courts substantially influence the overall situation.
Return policies are another area where, in her view, harmonisation is important and contributes to efficient, objective and fair border procedures. ‘An important factor in the management of migration, not only in Europe but in the world. But we are not dealing with that as it is not in the agency’s mandate.’ What the EUAA does address is resettlement the transfer of vulnerable refugees from host countries to EU member states and associated countries where they will be admitted and granted the right to stay. Nina Gregori refers to two tools in this connection. ‘We have created in Turkey the Resettlement Support Facility, offering member states which are resettling refugees from Turkey tools like office space, computers, technical equipment and interpretation. Here they can do their interviews for asylum eligibility. We also cooperate with the UNHCR, so as not to duplicate their work. The second tool is the Resettlement and Humanitarian Admission Network, which brings member states and relevant international organisations together to exchange best practice and address challenges together’.
Audit as an important part of good governance
When Nina Gregori took over as EUAA Executive Director in 2019, she was appointed to strengthen the agency’s oversight of recruitment, procurement and internal controls in the wake of allegations against her predecessor. She stresses that she is a strong believer in audits and external scrutiny, and refers to the ECA’s audit reports, which have regularly raised issues regarding internal management and internal controls, including in relation to the EUAA. ‘This is part of a system, and implementing good governance means having transparent procedures. Accountability is the basis for our work.’ She attaches considerable importance not only to the ECA’s specific annual reports on the agency’s activities, but also to more cross-cutting reports highlighting overall accountability issues — for example special report 24/2019 on asylum, relocation and return. ‘That was really overarching and very interesting for us when you take as auditor the procedure from the beginning to the end. Also for the member states because of the key role they play. Such a report gives a different perspective.
… implementing good governance means having transparent procedures. Accountability is the basis for our work.
When it comes to assessments of the agency itself, she emphasises that the picture given by audit is highly relevant, including making visible how audit findings have been taken up. ‘For example, we have created our own evaluation capacity in our agency, assessing our performance. We try to coordinate this with bigger and overarching audits from the ECA or others, such as from the Commission.’ She is proud to report that, of the 15 ECA recommendations that have needed follow-up, the more significant ones have all been closed. ‘I have seen the draft now for the ECA’s 2022 reporting on the agency’s activities and management, and I see how our investment in training and governance is paying off. It is also a matter of awareness-raising — that is nothing out of the ordinary when working in the public field and making yourself available to public scrutiny.’
…we have created our own evaluation capacity in our agency, assessing our performance.
An opportunity to balance solidarity with responsibility
For Nina Gregori it is clear that the new Pact on migration and asylum offers a great opportunity to achieve a common EU asylum system. ‘We were clearly not part of the process in these negotiations, that is not our mandate. But we contributed with our knowledge when asked. Such as to prepare simulations on the screening and border procedures in terms of human resources and other resources, to see what is possible and feasible, also from a performance point of view.’
…[we] prepare simulations on the screening and border procedures in terms of human resources and other resources, to see what is possible and feasible…
She observes that the Pact contains two main pillars: solidarity and responsibility. ‘These two need to be balanced. I think that, although it is a very complex legal framework, there are tools, also offered by our agency, to help ensure fast and efficient asylum procedures.’ She gives a concrete example. ‘The draft pact speaks about a swift screening procedure and a mandatory border procedure, which requires capacity to be effectively secured for frontline member states. For these fast border procedures, rules and guidance are important from the perspective of capacity and assurance.’ In this context she mentions the value of safe country lists and faster screening. ‘All this would speed up the process, but all needs to be in line with fundamental rights requirements. If this works out well, the message we need to bring out to people wanting to come to Europe is who is eligible for international protection and who is not. Avoid their arriving without sufficient knowledge.
… the message we need to bring out to people wanting to come to Europe is who is eligible for international protection and who is not.
In this respect, she thinks the full range of communication channels needs to be explored. But that is not all. ‘We may need to create clearer legal pathways for migrants that member states want to accept and offer opportunities for a life and work in the EU. I understand the Pact to encompass such elements, and it would be a missed opportunity not to, because it is a step forward towards the creation of a functional asylum system. One that offers safety and protection for those who really need it and opportunities for those who don’t need protection but have skills that are needed. Because the EU’s foundation is that we are a society of values, also when it comes to opportunities.’
This article was first published on the 2/2023 issue of the ECA Journal. The contents of the interviews and the articles are the sole responsibility of the interviewees and authors and do not necessarily reflect the opinion of the European Court of Auditors.
