Abstract
The migration crisis has raised a number of issues across Europe that significantly threaten the rule of law. The crisis has reminded EU Member States that the external borders of countries most affected by the influx of migrants reflect a serious problem at the core of the EU. In fact, the failure to respect external border procedures is the first sign of a dysfunctional asylum system. The problems began with the non-application and non-respect of the principle of solidarity, safeguarding the human rights of migrants, refugees, and asylum seekers, and their protection against victimization or involvement in serious crimes. These problems do not only affect EU Member States, but also third, mainly transit countries. Even if the EU has made great efforts in combating irregular migration through financial assistance and the operational support of Frontex, these efforts have not been effective. On the contrary, irregular migration and migrant smuggling increased in 2020. In particular, the Republic of North Macedonia has faced many challenges in managing the migration burden, especially from a financial and operational point of view. This chapter will therefore analyze cooperation between the EU and the Republic of North Macedonia in cases of human trafficking and smuggling of migrants, and more generally, the criminalization of solidarity in the EU, toxic narratives and hate speech against migrants, the new measures for asylum seekers and migrants, and the impact on third countries.
Keywords
- EU
- Human trafficking
- Human rights
- Migration crisis
- Republic of North Macedonia
- Smuggling migrants
- Solidarity
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- 1.
Gatta (2016), p. 3.
- 2.
Miglio (2018).
- 3.
Marin et al. (2020), pp. 1–10.
- 4.
Tsourdi and Bruycker (2022), p. 52.
- 5.
Koteski (2017), p. 180.
- 6.
Ministry of Interior (2019) Annual Report of the Ministry of Interior for 2018. https://mvr.gov.mk/Upload/Editor_Upload//Godisen%20izvestaj%202018.pdf.
- 7.
Ministry of Interior (27 October 2020) Decision for response to the request for free access to public information, No. 13.12-1128/5.
- 8.
Most-used route for smuggling migrants through the country—Reception and transit center Vinojug, Gevgelija (border with Greece) ➔ headed to Tabanovce reception and transit center ➔ crossing the border with Serbia near the village of Miratovac. Entry used by smugglers for illegal crossings—Moin village, west of Vardar, or Stojakovo and Selemli villages, east of the Vardar, or through Mount Belasica. The Bogorodica border crossing point is used for smuggling migrants in passenger and freight vehicles or trains at the Gevgelija railway border crossing.
- 9.
Data obtained from the State Statistical Office of the Republic of North Macedonia. www.makstat.stat.gov.mk/PXWeb/pxweb/mk/MakStat/MakStat__Sudstvo__ObvinetiOsudeniStoriteli/175_SK2_Mk_T60_ml.px/table/tableViewLayout2/?rxid=1728b551-0772-4658-a25c-67e83d652785.
- 10.
Several cases are detected and registered by the police. www.mvr.gov.mk/vest/15947.
- 11.
See more in Veigel et al. (2017), pp. 103–119.
- 12.
Macedonian Young Lawyers Association (2020) Имиграциски притвор во Северна Македонија низ бројки (Immigration Detention in Northern Macedonia in Numbers).
- 13.
Macedonian Young Lawyers Association (2021) Field Report 2021. www.myla.org.mk/wp-content/uploads/2021/05/Field-Report-Q1-2021.pdf.
- 14.
Ibid., p. 55.
- 15.
Carling et al. (2015), p. 4.
- 16.
Gatta (2016), p. 6.
- 17.
Until 8 October 2015—under the Instrument for Pre-Accession Assistance (IPA), the EU committed approximately 24 million euros for the Republic of Macedonia to support migration-related activities. 12 million euros of the above stated amount were committed under IPA I for: renovation of border police stations; fight against trafficking in human beings; and strengthening police capacities for border management. On 15 February 2016, under IPA II, the European Commission adopted an additional 10 million euros program in EU assistance to support the Republic of Macedonia in ‘improving its border and migration management capabilities, including systematic border checks and border surveillance, the identification and registration of third-country nationals crossing the border in a regular and irregular fashion, and the combating and prevention of migrant-smuggling, human trafficking and cross-border crime in full respect of the rule of law and fundamental rights’; for more, see Kamberi (2020), p. 11.
- 18.
The Agency was created under Council Regulation (EC) 2007/2004 (26 October 2004) establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, in O.J. L 349. Art. 1(3) in defining the fundamental tasks of Frontex, explicitly states that it shall provide Member States ‘with the necessary technical support and expertise in the management of the external borders and promote solidarity between Member States’.
- 19.
Kamberi (2020), p. 6.
- 20.
Ministry of Interior (29 December 2015) Полициски службеници од Хрватска, Србија, а наскоро и од Унгарија, Словенија и Чешка заедно со македонските полицајци на јужната граница (Police Officers from Croatia, Serbia, and Soon Hungary, Slovenia and the Czech Republic along with Macedonian Police Officers at the Southern Border). www.mvr.gov.mk/vest/1176.
- 21.
Euprojects.mk (March 2016) Project: Special Measure in Supporting the North Macedonia and Other IPAII Beneficiaries in the Western Balkans to Improve Their Border and Migration Management Capabilities in the Context of the European Refugee Crisis. www.euprojects.mk/maps/report/233.
- 22.
Jones (2021).
- 23.
BVMN Join Statewatch in a Letter of Concern to Frontex, cit.
- 24.
European Commission’s Press Release (13 May 2015) Managing migration better in all aspects: A European Agenda on Migration. www.ec.europa.eu/commission/presscorner/detail/en/IP_15_4956.
- 25.
Agreement between the European Union and the Republic of Turkey on the readmission of persons residing without authorization, in O.J. L 134 (7 May 2014).
- 26.
Commission staff working document (23 September 2020) accompanying the document Proposal for a regulation of the European Parliament and of the Council on asylum and migration management and amending Council Directive (EC)2003/109 and the proposed Regulation (EU)XXX/XXX, SWD/2020/207 final.
- 27.
European Commission, Migration and Home Affairs. Errore. Riferimento a collegamento ipertestuale non valido. www.ec.europa.eu/home-affairs/what-we-do/policies/irregular-migration-return-policy/facilitation-irregular-migration_en.
- 28.
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions (29 September 2021) A renewed EU action plan against migrant smuggling (2021-2025), COM(2021) 591 final.
- 29.
La Strada International (18 October 2020) New EU Migration Pact Increases Risks of Human Trafficking.
- 30.
‘Criminalization of solidarity’ refers to the increased policing of people who help migrants, including through search and rescue operations, reception activities and the provision of food, housing and services. In particular, people helping migrants, including lifeguards, journalists, priests, volunteers and NGOs, have been portrayed and investigated as criminals; for more information, see Research Social Platform on Migration (2020) The Criminalisation of Solidarity in Europe.
- 31.
Szpala and Jaroszewicz (2015).
- 32.
Amet (2018).
- 33.
Law on foreigners, Official Gazette of the Republic of Macedonia Nos. 97/2018 and 108/2019.
- 34.
For example, National Commission for Combating Human Trafficking in Human Beings and Illegal Migration (May 2016) Indicators for Initial/Preliminary Identification of Presumed and Potential Victims of Trafficking in Human Beings in the Context of Mixed Migration Flows. www.rm.coe.int/16806ed5a5; National Commission for Combating Trafficking in Human Beings and Illegal Migration (2017) National Strategy and the National Action Plan to Combat Trafficking in Human Beings and Illegal Migration for the Period 2017-2020, English version at pp. 70–107. www.nacionalnakomisija.gov.mk/wp-content/uploads/2016/12/Nacionalna-strategija-i-akciski-plan-za-borba-protiv-trgovija-so-lugje.pdf; Government of Republic of Macedonia (4 July 2017) Action Plan 3-6-9. www.vlada.mk/sites/default/files/programa/2017-2020/Plan%203-6-9%20MKD.pdf.
- 35.
Grieveson et al. (2020).
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Maksimova, E., Stanojoska, A. (2023). The Impact of the EU Principle of Solidarity and the Rule of Law on Criminal Aspects of the Migrant Crisis in the Republic of North Macedonia. In: Russo, T., Oriolo, A., Dalia, G. (eds) Solidarity and Rule of Law. European Union and its Neighbours in a Globalized World, vol 9. Springer, Cham. https://doi.org/10.1007/978-3-031-29227-9_7
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