The European Commission is considering halting a European Citizens’ Initiative that aims to make repatriation part of the EU’s migration policy. Before the campaign has even been given official clearance to collect signatures, the Commission has indicated it may refuse to register the initiative, citing concerns that its proposals could conflict with the fundamental values of the Union.

The initiative, Save Europe Act, was launched at the end of May by Dutch commentator Eva Vlaardingerbroek alongside several migration-critical activists and commentators. The proposal includes calls for a halt to immigration from countries outside Europe and the Western world, significantly stricter return rules, and an EU-wide system for repatriation.

The initiators describe the aim as halting demographic developments in Europe and making repatriation a central part of the Union’s migration policy.

In a preliminary statement to the organizers, the European Commission writes that the proposals differentiate between people based on ethnic or cultural origin and therefore could constitute discrimination. The Commission refers to the EU Charter of Fundamental Rights and the fundamental values the member states have committed to uphold.

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If the Commission makes a formal decision to refuse registration, it would mean the initiative never gets the chance to collect the one million signatures required for a European Citizens’ Initiative to be considered. Such a decision would be unusual and could lead to a legal challenge.

At the same time, the EU’s regulations emphasize that registration can only occur if an initiative falls within the Union’s areas of competence and meets the legal requirements.

Eva Vlaardingerbroek accuses the Commission of trying to halt a political movement before Europe’s voters have even had the chance to take a stand. According to her, more than 430,000 people have already given preliminary declarations of support, even though the official petition has yet to begin.

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The organizers are now planning to travel to Brussels to protest the Commission’s actions and say they will appeal any possible rejection.

The conflict comes as migration policy has become one of the EU’s most contentious issues. This year, the Union has introduced the new Migration and Asylum Pact, and at the same time agreed on stricter rules for the return of people who do not have the legal right to remain in member states. Several governments are pushing for more effective deportations, while the debate on a more comprehensive repatriation policy has intensified among some parts of the European right.

The question surrounding the Save Europe Act therefore risks becoming more than just a legal dispute. For supporters of the initiative, it’s a matter of whether EU citizens should be able to use the Union’s own democratic tools to propose a much stricter migration policy. For the European Commission, it’s about where the line is drawn for what proposals can be allowed within the Union’s legal framework.

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