EL INFORME DE AUDITORÍA

The overall strategy of the EU to address the refugee crisis is explained below. The EU published an extensive number of documents and reports that touched on the topic of the refugee crisis. Most of the documents only outline the difficult crisis situation(s) and state general objectives of the EU. For example, in the ‘Joint Communication Addressing the Refugee Crisis’ the objectives of saving lives and ensuring protection of those in need is

stated116 and in the ‘Communication Managing the refugee crisis under the European Agenda

on Migration’ the objective of creating conditions in which refugees can stay close to their

homes is named.117 In which way the crisis shall be addressed is (if at all) only broadly

outlined in these documents. In contrast, the ‘Council Conclusion on the EU regional strategy for Syria and Iraq’ includes an extensive description of the crisis situation, the objectives of the EU, and a concrete on strategy how the objectives shall be implemented. The Council conclusion was adopted by the Foreign Affairs Council on the 16 of May 2015. It names the overall objective of achieving lasting peace, stability and security in Syria, Iraq and the wider region. Furthermore the parallel fight against ISIL and other terroristic groups, inclusive political transition in Syria and inclusive political governance in Iraq, is regarded as crucial to end the crisis.118 In the Annex 2 of this study a table with the regional objectives and the respective instrument for implementation is provided. Rather than to further elaborate on the extensive list of objectives, I will focus on the instruments and actions that have been implemented – and not only stated - to address the refugee crisis in practice. Out of the

115

Additionally, in Annex 3 the commitments and disbursements of the European Union's development and external assistance policies of 2014 can be found. The table presents an overview of the (monetary) extent of external aid in 2014.

116 _{The ‘Joint Communication Addressing the Refugee Crisis’ is a document by the Commission and the HR} that was meant to inform the European Parliament and the Council. It was published on the 9 September 2009. ‘Joint Communication Addressing the Refugee Crisis’, supra note 6.

117 _{The ‘Communication Managing the refugee crisis under the European Agenda on Migration’, published on} the 29 September 2015, is also a Commission document informing the European Parliament, the European Council and the Council. It mostly focusses on the internal dimension of the refugee crisis. In regard to the external dimension it states that the EU should react to the crisis ‘by strengthening our [the EUs] partnerships with neighboring states providing temporary protection to key transit countries, ensuring funding for UNHCR and the World Food Programme and other relevant agencies, by stepping up the fight against traffickers and smugglers and by increased diplomatic engagement in key crises such as Syria.’

‘Communication Managing the refugee crisis under the European Agenda on Migration’, supra note 51. 118 _{‘Council Conclusions on the EU Regional Strategy for Syria and Iraq as well as the ISIL/Da’esh treat’, supra} note 36.

30 Council Conclusion on the EU regional strategy for Syria and Iraq’ one can conclude that the

following instruments should be used:119

a) CFSP financing

b) Development Cooperation Instrument

c) EIDHR

d) Instrument contributing to Stability and Peace

e) Humanitarian Aid Operations

f) European Neighbourhood Instrument

g) Instrument for Pre-Accession Assistance

h) Madad Fund120

In the strategy it is stated that these ‘several instruments shall be used to tackle the crisis from

different angles’121

and that an effective, coordinated crisis response is essential. It includes both regional and country-related action of the EU.

All in all the instruments that are named in the strategy concur with the ones outlined in

Chapter 2.122 Only the two policy fields of AFSJ and CCP cannot be found in a Council

conclusion because the crisis management instruments of these policy fields are agreements

establishing long-term cooperation of the EU and a crisis-affected third state.123 Whether the

policy fields have been used in some countries will be analysed in the country-related sections.

The fact that the EU has this regional strategy shows the awareness of the EU that a) a multi-dimensional approach including various policy fields is necessary to address the refugee crisis, b) that there is the need to coordinate these various actions (otherwise each jurisdiction accountable for one of the policy field would have had its own strategy) and c) that the refugee crisis is a transboundary crisis that needs to be addressed regionally.

The fact that the Foreign Affairs Council – which consists out of the Foreign Affairs Ministers of the Member States and the HR – concluded this strategy shows the power of the Member States in the field of crisis management. Neither the HR nor the EEAS have the

119 _{That these instruments also have been used already will be proved throughout this Chapter.} 120

The Madad fund will be explained in the following section. 121

‘Council Conclusions on the EU Regional Strategy for Syria and Iraq as well as the ISIL/Da’esh treat’, supra note 36, Page 36.

122 _{Additionally a loan guarantee (ECFIN) and an Emergency Aid Reserve (EAR) are named. These will not be} regarded further.

123 _{The two do not provide (financing) instruments that can be activated as soon as a crisis occurs. The policy} fields of AFSJ and CCP can provide crisis management instrument by establishing long-term cooperation in these fields by the EU and the crisis-affected third state. Therefore these crisis management instruments cannot be found in a Council Decision but in bilateral agreements of the EU and third states.

31 power to decide on such a strategy. As the HR is part of the FAC and its task is to assist the Council, it can be assumed that the EEAS was insolvent in drafting this strategy. Thereby, the HR and the EEAS would have contributed to a coherent plan for the implementation of the crisis management instruments. My inquiry to the EU about the extent the EEAS was involved in the preparation of this strategy, remained without answer.

All in all, the presented information proves that the EU is aware of the need for a multi- dimensional, coordinated and regional crisis response.