On discharge in respect of the implementation of the general budget of the European Union for the financial year 2024, Section III – Commission

OPINION

The Committee on Civil Liberties, Justice and Home Affairs calls on the Committee on Budgetary Control, as the committee responsible, to incorporate the following into its motion for a resolution:

1. Recalls that the implementation of the Pact on Migration and Asylum (the Pact) is a corner stone for the new system of migration and asylum management in the EU, which will be in application mid-2026 in all Member States; highlights its highest political priority in order to ensure a credible EU policy in this area and to respond to the commitments made to the citizens; calls therefore on the Commission to ensure sufficient staff availability for the implementation of the Pact on Migration and Asylum, including appropriate staffing to support Member States in their course towards implementation of all aspects of the Pact; emphasises that this should be the sole focus of the Commission in the area of asylum and migration and human resources and working time should not be wasted on ill-advised revisions of the Pact so close to its entry into application; notes the importance of consistent and effective monitoring and enforcement in the area of migration and asylum management across all Member States; underlines that the implementation of the Pact offers an opportunity to strengthen the coherent application of EU law, including fundamental rights obligations; emphasises that successful implementation of the Pact requires not only legal transposition but also practical cooperation with Member States on returns, border management, and readmission agreements with third countries;

2. Recalls its commitment to the principles of evidence-based, transparent policy making; notes in that regard the absence of impact assessments for several legislative proposals introducing significant and systemic amendments to the EU’s legal framework on migration and asylum management; notes that the EUAA Factsheets that served as the basis for its proposal creating a common list of safe countries of origin at the Union level have not been made publicly available;

3. Welcomes the Common Implementation Plan for the Pact on Migration and Asylum as presented on 12 June 2024; at the same time, reminds the Commission to the role of the Parliament as co-legislator in this process; and calls the Commission to grant the Parliament full access to the Parliament to the National implementation plans, National contingency plans and Member States’ National strategies to ensure effective oversight of the implementation process, further recalls that when the Commission discusses matters related to implementation of the Pact with the Member States in the Council, it should – in accordance with the principle of sincere cooperation – share relevant documents with the Parliament;

4. While welcoming progress in the absorption of AMIF and ISF funds, expresses concern over the lack of detailed public data on national spending and calls for the creation of a single EU-level online transparency portal for home affairs funds; is concerned however that detailed and comprehensive data on spending, especially under shared management by Member States, is difficult to obtain, impeding sound oversight by the Budgetary Authority; welcomes the increase provided in the annual budget for the year 2025 to border management and to ensuring sufficient funding for the full implementation of the Pact and strongly encourages the continuation of this approach in the following year;

5. Stresses the need to ensure adequate and timely Union funding for Member States and Union agencies to facilitate the smooth implementation of Union law in the areas of asylum and migration; calls on the Commission to monitor and assist in the timely progress of the administrative, operational and legal steps required by Member States and Union agencies for the full implementation of the Pact by Summer 2026;

6. Notes that the number of migrants arriving irregularly in the Union decreased in 2024 as compared to previous years; acknowledges the Commission’s ongoing efforts to liaise with third countries neighbouring the Union in view of addressing irregular migration at the source and in successfully integrating legally residing third-country nationals; underlines the need for careful oversight and due diligence when allocating funds to partners involved in migration management outside the EU, in order to ensure alignment with EU standards, including on fundamental rights; urges the Commission to reinforce the transparency and accountability in programming and implementation of the Union home affairs funds in third countries; calls for the establishment of a transparent and independent human rights monitoring mechanism of EU home affairs funds in third countries; welcomes the Commission's effort to enhance solidarity and responsibility sharing between Member States, in particular towards those most affected by migration and asylum challenges; renews its call on the Commission to support the Union agencies and the Member States in coordinating effective search-and-rescue operations in the Mediterranean, ensuring that such actions are carried out in accordance with international and Union law;

7. Welcomes the Commission’s ongoing monitoring of rule of law benchmarks through the rule of law toolbox, including the annual rule of law report, whose chapters detail individual and systemic issues regarding the rule of law in the different member states and allow for a comprehensive analysis of the situation and its evolution in each Member States and which in 2024 included four enlargement countries for the first time; remains concerned that the annual rule of law report, by taking an overly diplomatic tone and not distinguishing clearly between individual and systemic problems, may risk downplaying some of the most serious violations of the rule of law; urges the Commission to work towards fully implementing Parliament’s recommendations on creating an EU mechanism for democracy, the rule of law, and fundamental rights, as outlined in its resolution of 25 October 2016[], and to ensure that assessments of rule of law benchmarks become more accurate and qualitative, drawing not only on legislative amendments but also on concrete and independent evidence of their practical application; emphasises that while the toolbox available to the Union has been significantly expanded, its effectiveness depends on the coherent and consistent application across all EU institutions; calls for a greater focus on implementing country-specific recommendations, with timelines and measurable benchmarks; calls on the Commission to detail the possible consequences in the event of non-compliance, including by referring to specific instruments, including budgetary tools and funding conditionality; reiterates its position that the report should cover the full scope of the values of Article 2 TEU, as these cannot be seen in isolation; stresses the need to establish a European Rule of Law Semester, featuring a clear structure with fixed milestones and active contributions from all EU institutions; underlines that this annual cycle must be based on solid, objective indicators and make clear that breaches of the rule of law are never trivial, and that any failings should lead to measures analogous to those applied within the European Semester framework;

8. Regrets the Commission’s decision concluding that, in Hungary, the horizontal enabling condition of the Charter had been fulfilled in relation to judicial independence which decision enabled the Hungarian authorities to start claiming reimbursements of up to approximately EUR 10,2 billion from Union funds; reiterates that the Commission’s decision is illegal, as alleged in Parliament’s pending action against the Commission in Case C-225/24; calls on the Commission to uphold the principle of conditionality rigorously and ensure that no Union funds are released where systemic breaches of judicial independence or rule of law persist;

9. Is concerned over the delays in the Commission’s procedures for granting access to documents; reminds for the Commission to address these deficiencies promptly, in line with Parliament’s recommendations expressed in its resolution of 13 July 2023;

10. Is deeply concerned that the Commission still has not presented enforcement measures and legislative follow-up to Parliament’s recommendations regarding the use of Pegasus and equivalent spyware; reminds the Commission to respect the principle of sincere cooperation between Union institutions and to comply with the obligations set out in the Framework Agreement and the Interinstitutional Agreement on Better Law-Making, and to present, without undue delay, an action plan to prevent the abuse of spyware in the Union, making full use of all available legislative and non-legislative means provided by the Treaties.

ANNEX: DECLARATION OF INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur for opinion declares that she included in her opinion input on matters pertaining to the subject of the file that she received, in the preparation of the opinion, prior to the adoption thereof in committee, from the following interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register, or from the following representatives of public authorities of third countries, including their diplomatic missions and embassies:

The list above is drawn up under the exclusive responsibility of the rapporteur for opinion.

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INFORMATION ON ADOPTION BY THE COMMITTEE ASKED FOR OPINION