Accelerated procedures and the impossibility to reconcile them with human rights : what the practice in Malta has taught us

Abstract

After lengthy negotiations, the European Union (EU) is nearing an agreement on key components of the New Pact on Migration and Asylum, particularly the controversial Asylum Procedures Regulation (APR). Critics argue that the APR fosters “an unworkable and unjust system focused on border containment, potentially leading to increased pushbacks” (European Council on Refugees and Exiles (ECRE), 2023). Currently, the APR proposes to create a precarious nexus between asylum, detention, and returns with the increased use of detention and fast-paced asylum procedures for categories of asylum seekers presumed unworthy of international protection. This system mirrors practices in some EU Member States, notably Malta, which employs an aggressive approach to asylum. Malta’s contentious implementation of EU directives involves an accelerated procedure which targets applicants from a list of alleged safe countries of origin followed by an automatic review carried out by a tribunal which severely lacks independence from the executive. This review almost always leads to a definitive rejection and the continuation of the person’s detention for the purpose of forced returns without any form of individual assessment whatsoever. This article provides a brief overview of the proposals for an Asylum Procedures Regulation debated at EU level and delves into the practice which has been adopted in Malta, as the precursor of the dire consequences these can have on the fundamental human rights of asylum seekers.