In the 1990s, Western Balkan Countries faced the refugee crisis resulting from the breakup of Yugoslavia. Serbia hosted the highest number of displaced persons in Europe. Approximately 15 years later, from spring 2015 to spring 2016, Serbia played a crucial role in managing the migration crisis, with over one million migrants transiting through the country. Serbia’s response to the situation was widely regarded as positive, demonstrating a welcoming approach along the Balkan route. The Orthodox Church played a supportive role, issuing public statements in favor of refugees and local parishes actively provided essential assistance such as food, clothing, shelter, and humanitarian aid. Interestingly, the mobilization of clergy preceded the organized national mobilization by local authorities and the government. Additionally, Catholic and Protestant humanitarian organizations contributed to supporting migrants along the Balkan migration route. However, a significant number of displaced persons, coupled with insufficient accommodation capacities, presented challenges in effectively managing the high influx of migrants.
The Western Balkan migration route has been one of the busiest pathways for asylum seekers and migrants aiming to reach Germany and other north European destination countries. At the height of the European migration crisis in 2015, Frontex reported a staggering 764,033 detections of illegal border crossings by migrants in the region, marking a 16-fold increase from 2014. After a decrease in illegal border crossings until 2019, the numbers have been on the rise once more. The predominant land route remains the primary path for irregular migrants from the Middle East and Central and South Asia. Typically, these migrants traverse through the Republic of Türkiye before entering Greece or Bulgaria, continuing their journey to Western or Central Europe through the countries of the Western Balkans. In contrast, migrants from Africa, India, and Cuba exploited the visa-free regime with Western Balkan countries, opting for air travel either directly to Belgrade or through transit countries like Russia and the Republic of Türkiye. While there is a sea migration route from the Republic of Türkiye to Greek islands, it is no longer among the busiest routes for migrants. Additionally, the number of Ukrainian refugees crossing the borders of Western Balkan countries has been high since the onset of the war in Ukraine. However, only a limited number of them have chosen to remain in the Western Balkans region.
The New Pact on Migration and Asylum, which has recently been agreed upon by the European Parliament and the Council, places particular emphasis on the countries of the Western Balkans. The Agreement envisages the ‘harmonization of the safe country of origin and secure third country concepts through EU lists’, which will designate the Western Balkans countries as safe countries. The attempt to introduce shared EU minimal lists of safe third countries and safe countries of origin that would include Western Balkan countries has failed twice until now. The authorization in the former Asylum Procedures Directive 2005/85/EC was annulled by the CJEU on institutional grounds. The other proposal, which was formulated during the 2015 migration crisis, was withdrawn later. However, Western Balkans countries are the top countries that are designated as safe countries of origin on national lists in EU countries. On the contrary, only a few European countries have adopted lists of safe third countries. The designation of Western Balkan countries as safe third countries on the EU level could lead to the return of asylum seekers who have reached EU external borders to the countries of the region. Subsequently, it might trigger a chain of applications of the safe third-country concept between the countries of the region and their southern neighbors.
Although not part of the EU, countries in the Western Balkans are surrounded by EU Member States. Moreover, all of them are EU candidate countries. The EU Action Plan on the Western Balkans addresses the challenges posed by the significant increase in attempted irregular border crossings. The Action Plan outlines 20 operational measures across five pillars: strengthening border management along the routes, swift asylum procedures and support reception capacity, fighting migrant smuggling, enhancing readmission cooperation and returns, and achieving visa policy alignment. Furthermore, the Action Plan outlines measures to strengthen the EU’s support for Member States dealing with heightened migratory pressure along the Western Balkan routes. Cooperation with Western Balkans partners is deemed to be crucial to addressing these shared migratory challenges.
The persistent increase in irregular migration through the Western Balkans route has prompted various responses, including regional initiatives beyond the EU Action Plan. One example is the trilateral Memorandum of Understanding (MoU) signed in 2022 by Hungary, Austria, and Serbia, just weeks before the EU Action Plan’s announcement. The primary goal of the three governments was to curb illegal migration on the Western Balkans route effectively. This MoU is not intended to supersede or compete with the EU's efforts. Rather, it serves as a complementary mechanism, providing additional tools and enhancing the effectiveness of overall migration control measures.
The MoU regulates the support of two EU Member States (Hungary and Austria) to an EU candidate country (Serbia) in tackling irregular migration along the Western Balkans route. Since 2015, Serbia has served as a crucial transit country and hub for migrants using this route. Despite accommodating a significant number of migrants, the countries in the Western Balkans region lack the same level of EU support as Member States like Greece, Bulgaria, and Italy. As a result, they need to establish various models of cooperation with neighboring countries and rely on their support.
According to the MoU, Austria and Hungary will contribute to improving the security along the Serbian southern border with North Macedonia. This border cooperation aims to combat various forms of organized crime, including human trafficking and terrorism. Many irregular migrants fleeing from Greece attempt to enter Serbia via this route. Strengthening border controls on the southern Serbian borders may lead to an increase in irregular migrants arriving through the eastern borders with Bulgaria. Additionally, it could impact the route through Albania and Montenegro to Croatia. However, the North Macedonia-Serbia route remains the shortest and fastest land route within the Western Balkans migration corridor. Consequently, reinforcing border controls can deter migrant smugglers and ultimately reduce illegal border crossing attempts.
The Memorandum outlines Austria’s and Hungary’s commitment to supporting Serbia in the readmission and return of irregular migrants to their countries of origin, ensuring compliance with both national and international legal frameworks. While this measure may not significantly impact most migrants in Serbia, as they originate from countries where readmission is not feasible, it can serve as a solution for migrants who have taken advantage of the visa-free regime with regional countries and are ineligible for international protection.
According to the Memorandum, Serbia has committed to aligning its visa policy with the European Union’s visa acquis. This commitment was also recommended in the fifth report on the EU visa-free regime for Western Balkans and Eastern Partnership countries, as well as in the Action Plan on the Western Balkans. Notably, Serbia has withdrawn the visa-free regime with Burundi, Tunisia, and India. As a result, the number of nationals from these countries in the entire Western Balkans region has decreased. An additional benefit of canceling the visa-free regime in the mentioned countries is that it may alleviate pressure on destination countries, particularly due to reduced applications from individuals with limited chances of obtaining international protection.
The cooperation between Austria, Hungary, and Serbia in addressing irregular migration has been further strengthened through the Memorandum of Understanding (MoU) signed on July 7, 2023, during the third trilateral meeting of the highest officials from these countries. This Memorandum aims to enhance collaboration in border protection, combating irregular migration and human smuggling. It also provides an opportunity for the involvement of other nations impacted by irregular migration. This inclusive approach seeks to foster regional security and address migration challenges collectively.
Overall, the two mentioned memorandums signify a strategic alliance aimed at addressing illegal migration, safeguarding borders, and fostering regional stability. They hold the potential to decrease migration flows through enhanced border security cooperation, streamline regional responses through closer collaboration, and improve border management infrastructure. Despite these efforts to enhance efficiency and national security, concerns persist regarding the limited effectiveness of addressing the root causes of migration. It is essential to note that countries in the region are not primarily responsible for the main causes of migration influx and lack the means to effectively eliminate them. The key measure to curb irregular migration is the improvement of the overall situation in the countries and regions from which migrants are fleeing.
The cooperation between Austria, Hungary, and Serbia in migration control does not seek to substitute the measures of European institutions. The majority of migrants using the Western Balkans migration route enter the region through EU member countries and then proceed to other EU Member States. Therefore, a comprehensive European policy is deemed the most effective solution.
Additionally, this form of cooperation raises concerns regarding the protection of human rights for asylum seekers, especially respecting their right to seek international protection. The 2022 MoU focuses on combating illegal migration, migrant smuggling, and human trafficking, targeting criminal structures that exploit migrant influx rather than preventing those persecuted from seeking protection. It is crucial to emphasize that securing borders while ensuring access to international protection for those fleeing persecution is a delicate issue achievable not only through a common European asylum system but also through regional initiatives.
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