Greek Prime Minister Mitsotakis Calls for EU Legal Basis for Pushbacks

The push comes at a time when EU member states are divided over migration policy. While Italy under Giorgia Meloni is already unilaterally relying on agreements with third countries and rejections, other member states continue to uphold a common, rules-based asylum policy. Mitsotakis therefore proposes a bridge: national practice should be backed by European law.

Legal Gray Area and the Geneva Convention

In substance, the Greek prime minister picks up on a term that is disputed in EU jargon. Pushbacks refer to the pushing back of arrivals without asylum proceedings, which is problematic under the Geneva Refugee Convention and the EU Charter of Fundamental Rights. Mitsotakis therefore ties his demand to the condition of a "mass influx," as was observed in 2022 in Ceuta or at the Polish-Belarusian border.

According to a statement by the government in Madrid, read out in Spanish media, Spain will support any initiative that contributes to a common, solidarity-based solution. The position of the Madrid government signals that the discussion is no longer being held solely between Rome and Athens, but is increasingly reaching the Iberian Peninsula as well.

Spain's Position and the Experience of Ceuta

Spain and Italy have repeatedly agreed on close cooperation in the Mediterranean in recent years. The rush on Ceuta, in which thousands of people crossed the Spanish-Moroccan border within hours, is considered by expert panels to be a litmus test for the responsiveness of European democracies. It showed that even well-secured borders can become permeable within minutes.

At the same time, several EU member states are resisting an expansion of pushbacks. They point to the obligation to examine asylum applications individually and to the jurisdiction of the European Court of Justice. The Commission President is attributed with a statement on the question of "conditional legality" in the coming weeks, which has not yet been made public.

At the national level, Mitsotakis already pushed through a controversial emergency law against irregular migration in 2024. Critics accuse Athens of interpreting the standards of EU law generously in the process. With his Politico article, the prime minister is now seeking to join forces with like-minded governments in order to increase pressure on Brussels.

Morocco as a Key Factor

Morocco plays a key role in this network, as the kingdom functions as both a transit and origin region in Ceuta and elsewhere. Diplomatic channels between Rabat and Madrid have been intensified in recent months to prevent repeat cases.

The question of whether the EU will create an emergency mechanism for pushbacks remains open. Observers expect the Commission to present a communication in the autumn that may distinguish between orderly returns and contested rejections. Until then, national solo runs as in Rome and Athens will provisionally remain in place.

Outlook for the EU Autumn

For the coming weeks, Mitsotakis has announced further talks with colleagues in Central Europe. The aim is a "conditional legal framework" that ties pushbacks to clear triggers while at the same time safeguarding fundamental rights. Whether this succeeds will also depend on whether Madrid, Rome, and other capitals are willing to adjust their previous positions.