The exception to the possibility of completely closing the border to asylum seekers is contained in the text of the Finnish government’s decision to close checkpoints on the eastern border, lawyers believe, Iltalehti newspaper reported on November 24. .
On November 22, the Finnish government decided to close more border crossings on the eastern border and leave only the Raja-Jooseppi border crossing operational. Applications for international protection will be accepted at the same border control post.
As the newspaper notes, the text of this resolution means that the eastern border cannot be completely closed under any circumstances. The regulation was drafted by the Ministry of the Interior under the leadership of Finnish Interior Minister Marie Rantanen and approved by Prime Minister Petteri Orpo.
The document contains statements on the need to take into account Finnish national legislation, the country’s international human rights obligations and EU laws that are binding on Finland. Among other things, it is stated that “…the possibility of renouncing the right to request asylum is an excluded option, since it would be contrary to international obligations”.
“…a Member State cannot, in accordance with the European Convention on Human Rights, completely exclude the possibility of submitting an application for international protection, even if it is a situation of hybrid influence”says the resolution.
According to the document, not even a state of war can justify the complete cessation of the practical possibility for asylum seekers to apply for asylum. The resolution highlights this provision using the example of Lithuania, which has limited the right of people who entered the country illegally to request asylum.
As noted in the Finnish government’s ruling, the European Court “clearly stated” that the directives, which are also binding on Finland, do not allow a member state to enact a law under which “In the event of a declaration of war, a state of emergency or an emergency situation resulting from a mass entry, third-country nationals in an irregular situation are de facto deprived of the possibility of accessing the procedure for examining an application for international protection in the territory of that Member State.”.
The newspaper points out that the legal interpretation of the government’s decision is in clear contradiction with the public statements of the ministers. In his opinion, the national emergency would practically justify preventing the reception of asylum seekers.
Let us remember that the text of the corresponding resolution was published on the Internet portal of the Finnish government. As stated in the text of the ruling, according to the decision of the European Court of Justice, EU Member States can require that applications for international protection be submitted to a specially designated place, but they cannot exercise this right. preventing applicants from submitting their applications as soon as possible.
Source: Rossa Primavera
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