The adoption of the pact signifies a new chapter in EU migration policy, emphasizing solidarity, efficiency, and effective management of migration flows.
In a significant move, the economy ministers representing the European Union’s 27 member states have given their final approval to a comprehensive overhaul of the bloc’s migration and asylum policies. The approved plan, known as the ‘New Pact on Migration and Asylum,’ marks a crucial milestone in the EU’s efforts to address the complex challenges associated with migration management.
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Belgian Asylum and Migration Minister Nicole de Moor expressed optimism about the reforms, stating, “These new rules will make the European asylum system more effective and increase solidarity between member states.” However, the pact has faced criticism from opponents who argue that it could potentially impede individuals’ right to claim asylum and lead to ethically questionable agreements with third countries.
Key Features of the ‘New Pact on Migration and Asylum’
The ‘New Pact on Migration and Asylum’ is the result of over eight years of deliberation and negotiation among EU member states.
The approved plan includes several key features:
- Expedited identification of asylum-seekers upon arrival in EU territories
- Enhanced screening procedures for migrants
- Provisions for the relocation of asylum seekers among member states
- Allowance for expedited deportation of individuals to countries deemed safe
While the EU ministers believe that the new pact will make the asylum system more effective and promote solidarity among member states, the plan has also raised concerns among critics. Some argue that the pact could limit individuals’ ability to claim asylum and lead to questionable agreements with third countries, potentially compromising ethical standards.
Complete overhaul of EU asylum and migration system
EU government ministers have given their approval to 10 legislative components of The New Pact on Migration and Asylum. This pact delineates rules for the 27 member countries to manage unauthorized entries, from the screening process to determine eligibility for protection to the deportation of individuals ineligible to remain.
While Hungary and Poland, traditionally resistant to hosting migrants or bearing their costs, voted against the package, they were unable to prevent its passage. Mainstream political parties view the pact as a solution to longstanding divisions among member nations, particularly since the influx of over 1 million migrants into Europe in 2015, primarily from war-torn Syria and Iraq. There is hope that the new system will deprive far-right movements of electoral support in the upcoming June 6-9 elections.
However, the comprehensive reform package is scheduled to take effect only in 2026, offering no immediate resolution to one of the EU’s most significant political challenges. Disagreements persist over which countries should assume responsibility for incoming migrants and whether other nations should be compelled to assist.
Complete overhaul of the EU asylum and migration system:
Critics argue that the pact could lead to the detention of migrants at borders and the fingerprinting of children. They contend that it aims to deter migration and encroaches upon individuals’ right to seek asylum. Many express concerns that it may encourage dubious agreements with poorer countries, which migrants often transit through to reach Europe.
Why are the new rules needed?
Europe’s asylum laws have remained unchanged for approximately two decades, leading to a system that became increasingly strained and ultimately collapsed in 2015. This outdated system operated under the principle that migrants should be processed, granted asylum, or deported in the country of their initial entry. However, this placed significant financial burdens and social strains on countries like Greece, Italy, and Malta, which bore the brunt of the responsibility.
Furthermore, the expansion of the Schengen Area, which comprises 27 countries, 23 of which are EU members, exacerbated the challenges. This area, known for its lack of internal border controls, allowed more than 400 million Europeans and visitors, including refugees, to move freely without presenting travel documents.
Who do the Rules Apply to?
In 2023, approximately 3.5 million migrants legally arrived in Europe, while around 1 million others were present on EU territory without authorization. Among the latter group, most initially entered Europe through airports and ports with valid visas but overstayed their permits. The regulations primarily target the remaining minority, estimated at around 300,000 migrants last year, who unlawfully crossed external EU borders, such as those arriving on boats provided by smugglers in Greece, Italy, or Spain via the Mediterranean Sea or Atlantic Ocean.
The System
Upon arrival on EU territory, individuals will undergo screening conducted by the country where they land, either at the border or nearby. This screening process includes identity verification and other checks, even for children as young as six years old. The collected information will be stored in the Eurodac database, enabling authorities to assess whether individuals pose health or security risks and their eligibility for stay. Typically, those fleeing conflict, persecution, or violence may qualify for asylum, while economic migrants seeking job opportunities are likely to be denied entry. Screening is mandatory and should be completed within seven days, leading either to an application for international protection, such as asylum, or deportation to their home country.
Asylum Process
Individuals seeking asylum must submit their application in the EU nation of their initial entry and remain there until authorities determine which country should handle their case. Factors such as familial or cultural ties may influence the decision to relocate them elsewhere. The border procedure is expected to be concluded within 12 weeks, including provisions for one legal appeal in case of rejection, with a potential extension of eight weeks during mass migration events. Procedures may be expedited for applicants from countries with low asylum approval rates, a practice criticized for potential discrimination based on nationality. During this process, individuals will stay in reception centers with access to healthcare and education. Those whose applications are rejected will receive deportation orders.
Background and Context
The journey towards the asylum and migration pact began with Commissioner Ylva Johansson’s proposal in September 2020, culminating in overall agreement between the Council presidency and the European Parliament in December 2023. Further refinement of the texts led to the European Parliament’s adoption in April 2024, marking a collaborative effort to address Europe’s migration challenges comprehensively.
As Europe looks towards the future, the adoption of this pact heralds a new chapter in migration policy, demonstrating the EU’s commitment to solidarity, efficiency, and effective management of migration flows.
