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Instrumentalisation of migration

COD - Ordinary legislative procedure (ex-codecision procedure)2021/0427(COD)Committee: Committee on Civil Liberties, Justice and Home AffairsDG: [HOME] Migration and Home Affairs

Policy topics

Asylum & border controlEU Single Market harmonisationRegulation of NGOs in EuropeLegal migrationEU competences on social policies

What this file does

Overview
The legislative file 2021/0427(COD), titled “Instrumentalisation of migration,” is an ongoing ordinary legislative procedure (COD). The analysis is based on the European Parliament document A-9-2022-0007, which is an own-initiative legislative report (INL) from the Committee on Legal Affairs. This report does not directly address migration instrumentalisation but instead focuses on proposing a European legal statute for cross-border associations and non-profit organisations. The report aims to overcome legal and administrative barriers to the free operation of such organisations across EU borders, thereby strengthening civil society and the internal market. It specifically requests the Commission to propose a regulation for a “European Association” statute, citing Articles 114 and 352 TFEU and linking the issue to fundamental freedoms in the EU Charter of Fundamental Rights. Key proposals include creating a pan-European legal form for non-profits and establishing a European Associations Board to ensure harmonised application, alongside measures to improve access to funding and reduce cross-border administrative hurdles. The report falls under the policy areas of internal market and justice. It is authored by rapporteur Sergey Lagodinsky and reflects a cross-party initiative to support civil society and address legal fragmentation.

Legislative timeline
The procedure is currently at the first reading stage. Key milestones include: plenary activity and referral to committee on 14 February 2022; the tabling of the committee report on 11 September 2023; and a further referral to committee on 13 November 2024. The European Commission’s work is ongoing. No upcoming calendar events are indicated in the data.

Institutional handling
The European Parliament’s Committee on Legal Affairs is responsible for the own-initiative legislative report (INL). At the Commission, the file is handled by the Directorate-General for Migration and Home Affairs (HOME), under Commissioner Magnus Brunner. In the Council, the relevant configuration is the Justice and Home Affairs Council (JHA).

Stakeholder reactions
Stakeholder engagement has involved 16 meetings, with 15 held with Members of the European Parliament and one with Commissioners. No meetings with European Commission staff are recorded. These engagements involved 16 distinct organisations. The most active stakeholders include EuroMed Rights / EuroMed Droits, Caritas Europa, Statewatch, the Delegation of the Nigerian Ministry of the Interior, and the Commissioner for Home Affairs and Migration.

Media coverage
One news article from Greece is recorded. It reports that a Greek court acquitted 24 rescue volunteers, including Sarah Mardini, of aiding migrants.

Institutional status

CommissionOngoing
CouncilFirst reading

Official documents (40)

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