Strong democracies benefit from a full legal perspective on human rights and migration
In response to the open letter by nine European government leaders, including Belgian Prime Minister Bart De Wever, Advocaat.be underlines the importance of correct and complete legal interpretation in social discussions on migration and security.
The letter argues for more national policy space to deport criminal migrants. It refers to the European Convention on Human Rights (ECHR) and its interpretation by the European Court of Human Rights.
Advocaat.be fears that the letter loses sight of the broader legal framework in which deportation decisions are made:
The protection of fundamental rights and the rules on expulsion of foreigners are today deeply rooted in European law. Besides the ECHR, which is 75 years old this year, the Charter of Fundamental Rights of the European Union and various EU directives are also defining policies. These norms are of much more recent date and do reflect current European values. They are interpreted by the Court of Justice of the European Union.
Advocaat.be stresses that security and human rights are not opposites, but are just reinforcing each other within a rule of law:
Of course, the legal framework should not protect abusers of freedom of movement. However, a balanced legal system should, in the interest of each person and in the general interest, subject every decision - including expulsions - to a test of prevailing law, including conformity with the Constitution and the international standards to which our country has bound itself. This is not a weakening, but a strengthening of democratic legitimacy.
Background
The European legal order around migration contains clear frameworks on, inter alia, deportation, family reunification and asylum procedures. These are laid down in recent and binding directives, such as the Procedures Directive and the Family Reunification Directive, which build on the ECHR but also respond to new social contexts. The standards are binding on member states and do not conflict with national democracies, but flow from them. Advocaat.be welcomes any debate on how the law works, but advocates that this debate should be conducted with attention to the coherence and timeliness of the entire legal framework.
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