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The EU’s top court ruled against France’s policy of turning away migrants at its borders.
The European Court of Justice announced on Thursday that those actions breached the EU’s rules on migrant returns.
The ruling comes as France closed its border to Italy amid a recent surge in migrant arrivals to the Italian island of Lampedusa.
France’s center-right Home Affairs Minister Gerard Darmanin had on Monday vowed that “France will not take in a single migrant from Lampedusa” after meeting his Italian counterpart Matteo Piantedosi in Rome.
But EU rules compel member countries to initiate a formal procedure when expelling an irregular migrant, and give that person sufficient time to leave the country.
So-called pushbacks of migrants, or forcing a migrant directly back across a border, may only be carried out as a last resort, the judges in Luxembourg ruled.
They also noted that non-EU citizens who lack permission to stay may not be turned away at internal EU borders.
Commenting on the ruling, the European Commission’s Home Affairs spokesperson Anitta Hipper told a daily media briefing that “reintroducing [internal EU] border controls must remain an exceptional measure.”
She added that the EU executive is in consultations with countries that have sealed their borders.
This ruling comes as the European Parliament’s home affairs committee on Wednesday backed legislation that allows EU countries to enact border controls only when faced with emergencies such as health or terrorism threats, and only for a limited time period.
