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New Pact on Migration and Asylum

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The New Pact on Migration and Asylum, also known as the EU Migration Pact[1][2] or the EU Asylum and Migration Pact,[3][4] is a set of new European Union rules concerning migration set to take effect in June 2026.[5] It will compel member states to more evenly share the cost and efforts of hosting migrants and reform European Union asylum and border security procedures, among other provisions.[6][7]

Legislative process

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The European Commission initially proposed the Pact on 23 September 2020.[8] The deal was agreed to on 20 December 2023 between representatives of the elected European Parliament and the Council of the European Union, made up of EU government ministers.[6][9]

It passed the European Parliament on 10 April 2024, with narrow margins of around 30 votes on some provisions.[10][11][12] The Council of the European Union approved the Pact on 14 May 2024, with Hungary and Poland voting against it.[13][14]

Provisions

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The provisions of the Pact apply to migrants caught illegally crossing an external EU border, such as those reaching the shores of Greece, Italy or Spain via the Mediterranean Sea or Atlantic Ocean on boats provided by smugglers; estimated at around 300,000 migrants in 2023.[13] Provisions do not apply to legal migrants to the EU (~3.5 million in 2023) and migrants who arrived legally but overstayed their visas (~700,000 in 2023).[13]

The Pact will mandate that the same procedures and procedural standards apply to all asylum applicants across EU member states.[15] The Pact stipulates that migrants illegally entering the EU will undergo identity, health and security checks, including biometric readings of faces and fingerprints, within seven days, with information stored on the newly created Eurodac database. The outcome of screening will be either an application for international protection such as asylum, or deportation.[13]

People seeking asylum will have to apply in the EU nation they first enter and remain there until the country responsible for their application is determined.[16] Asylum seekers from countries whose nationals' applications are approved less than 20% of the time will be fast-tracked in detention centers close to EU borders.[4][15] This procedure should be done in 12 weeks, including time for one legal appeal if an asylum application is rejected, with a possible extension of eight weeks.[13] Migrants from countries with higher acceptance rates will be able to pass through the regular asylum procedure, which will be shortened from its current length of years.[17] A deportation issue is set to be issued automatically if an asylum request is refused.[4][13] The Pact will allow for the speedier deportation of people to countries of origin or transit, if these have been declared safe.[17]

The Dublin III Regulation, which determines which member state is responsible for processing any individual asylum application, will be reformed.[4] Countries where migrants first arrive will newly be able to relocate a total of up to 30,000 migrants per year to other EU member states.[5][17] The Pact will institute a "mandatory solidarity mechanism" where all EU countries must either physically host asylum seekers, or assist in other ways such as financially or by providing extra personnel. A country can pay 20,000 Euros for every migrant it does not accept under the mechanism.[4][10]

Ireland and Denmark had opt-outs to the Pact. Ireland joined the Pact on 27 June 2024.[18]

Reception

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Support

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European Commission President Ursula von der Leyen said the Pact was a "huge achievement for Europe", and that it would deliver a "European solution" to migration by securing borders and increasing efficiency in processing asylum applications. President of the European Parliament Roberta Metsola of Malta said "We have delivered a robust legislative framework on how to deal with migration and asylum in the EU".[4][19]

Chancellor of Germany Olaf Scholz hailed the deal as a "historic, indispensable" step that "limits irregular migration and finally relieves the burden on the countries that are particularly badly affected".[4] Migration Minister of Greece Dimitris Kairidis called the Pact a "major breakthrough".[19] The Pact was supported by the International Organization for Migration.[20]

Criticism

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The Pact has been criticized by some right-wing politicians for not going far enough to prevent illegal immigration, such as missing provisions relating to migrant returns,[21][22] as well as for undermining national sovereignty.[23] Poland and Hungary opposed the Pact due to the obligations of hosting migrants,[13] with Prime Minister of Poland Donald Tusk stating "we will protect Poland against the relocation mechanism" and Prime Minister of Hungary Viktor Orbán saying "Secure borders are no more, Hungary will never give in to the mass migration frenzy".[4]

Left-wing critics of the Pact have said that it puts the human rights of asylum seekers at risk.[10][17] A group of human rights organizations including Oxfam, Caritas, Amnesty International, and Save the Children have criticised the deal in an open letter stating that it would create a "cruel system".[24] More than 200 academics belonging to 66 predominantly European universities have called the Pact "inhumane" and demanded that the European Parliament and the Council to reconsider how they view the Pact.[25][26]

In 2024 researchers like Gerald Knaus concluded, that the reform is unlikely to lead to a reduction in illegal immigration to the EU. Statutory exceptions reduce the number of people admissible in detention centers or qualifying for deportation. Only people who made false claims concerning their identity, those who pose a threat to national security and, if ascertainable at all, those who originate from countries with an asylum protection quota of under 20 percent will be allowed to be sent to detention centers. Additionally the number of asylum claims which will be allowed to be assessed in detention centers is limited at 120,000 cases per year, while actual arrival numbers in the EU were around one million every year in the past years. Every asylum seeker will still have the Right to counsel. German politicians had reduced the option of deporting people to countries of transit by putting the exception into the EU Migration Pact, that these asylum seekers need to have a verifiable connection to those countries, making it substantially more difficult to send anybody back. Heiko Rehmann wrote, as long as everybody has the right to request asylum in Europe and each claim has be individually assessed, the problems will remain. Only a reform of the Convention Relating to the Status of Refugees would be able to change that.[27]

Later developments

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In September 2024, the Netherlands and Hungary asked to opt out of the Pact,[28] while France said it was open to renegotiating its contents.[21] All EU members states were required to submit their plans by the December 12 deadline, however only 14 countries have submitted their plans.[29]

Legislation

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The Pact resulted in the following ten pieces of legislation:[13][30]

  • Directive (EU) 2024/1346 (reception conditions directive)[31]
  • Regulation (EU) 2024/1347 (qualification regulation)[32]
  • Regulation (EU) 2024/1348 (asylum procedure regulation)[33]
  • Regulation (EU) 2024/1349 (regulation establishing a return border procedure)[34]
  • Regulation (EU) 2024/1350 (regulation establishing a resettlement and humanitarian admission framework)[35]
  • Regulation (EU) 2024/1351 (asylum and migration management regulation)[36]
  • Regulation (EU) 2024/1352 (regulation on consistency amendments related to screening)[37]
  • Regulation (EU) 2024/1356 (screening regulation)[38]
  • Regulation (EU) 2024/1358 (Eurodac regulation)[39]
  • Regulation (EU) 2024/1359 (regulation addressing situations of crisis and force majeure)[40]

See also

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References

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  1. ^ O'Callaghan, Gavin (2024-04-28). "Explained: What is the EU Migration Pact?". RTE.ie. Retrieved 2024-07-07.
  2. ^ O'Halloran, Marie (2024-06-26). "Dáil accepts controversial EU Migration Pact by 79 votes to 72". The Irish Times. Retrieved 2024-07-07.
  3. ^ Gozzi, Laura (2024-04-10). "EU approves major overhaul of migration rules". BBC Home. Retrieved 2024-07-07.
  4. ^ a b c d e f g h "European Parliament agrees on stricter EU migration rules". dw.com. 2024-04-10. Retrieved 2024-07-07.
  5. ^ a b "Will a new "pact" of ten laws help Europe ease its migrant woes?". The Economist. 2024-07-30. Archived from the original on 2024-07-31. Retrieved 2024-09-28.
  6. ^ a b Blenkinsop, Philip (20 December 2023). "EU agrees new rules on hosting migrants, seeks to cut numbers". Reuters. Retrieved 21 December 2021.
  7. ^ Stevis-Gridneff, Matina (December 20, 2023). "After Years of Wrangling, E.U. Countries Reach Major Deal on Migration". New York Times – via NYTimes.com.
  8. ^ "The EU's "New Pact on Migration and Asylum" is missing a true foundation". Brookings. 2022-03-09. Retrieved 2024-09-28.
  9. ^ "Migration policy: Council reaches agreement on key asylum and migration laws". Consilium. 2023-06-08. Retrieved 2024-09-29.
  10. ^ a b c Genovese, Vincenzo (2024-04-11). "EU states must apply migration pact or face legal action: Commissioner". euronews. Retrieved 2024-09-28.
  11. ^ "MEPs approve the new Migration and Asylum Pact". European Parliament. 2024-04-10. Retrieved 2024-09-28.
  12. ^ Jacqué, Philippe (2024-04-11). "European Parliament approves migration and asylum pact after years of deadlock". Le Monde.fr. Retrieved 2024-09-28.
  13. ^ a b c d e f g h Cook, Lorne (2024-05-14). "EU agrees on a new migration pact. Mainstream parties hope it will deprive the far right of votes". AP News. Retrieved 2024-09-28.
  14. ^ "The Council adopts the EU's pact on migration and asylum". Consilium. 2024-05-14. Retrieved 2024-09-28.
  15. ^ a b "The New Pact: A vital step for an effective and humane EU migration policy". EPC. 2019-08-09. Retrieved 2024-09-28.
  16. ^ Riehle, Cornelia (2024-08-09). "New Pact on Migration and Asylum". Eucrim. Retrieved 2024-09-28.
  17. ^ a b c d Riegert, Bernd (2024-04-11). "EU approves new migration pact". dw.com. Retrieved 2024-09-28.
  18. ^ "EU's migration and asylum pact now includes Ireland". Eunews. 2024-07-31. Retrieved 2024-09-28.
  19. ^ a b "EU parliament adopts stricter migration rules in landmark asylum reform". France 24. 2024-04-10. Retrieved 2024-09-28.
  20. ^ "IOM Welcomes, Pledges Support to New EU Pact on Migration and Asylum". International Organization for Migration. 2024-04-30. Retrieved 2024-09-28.
  21. ^ a b Bourgery-Gonse, Théo (2024-09-24). "Paris hints at Migration Pact review and Schengen overhaul". www.euractiv.com. Retrieved 2024-09-28.
  22. ^ Pugnet, Aurélie; Griera, Max; Bourgery-Gonse, Théo (2024-04-10). "Asylum and Migration Pact faces tight last vote in EU Parliament". www.euractiv.com. Retrieved 2024-09-28.
  23. ^ O'Carroll, Lisa (2024-04-10). "EU passes asylum and migration pact after eight years of deadlock". the Guardian. Retrieved 2024-09-28.
  24. ^ Henley, Jon (December 20, 2023). "EU reaches asylum deal that rights groups say will create 'cruel system'". The Guardian – via theguardian.com.
  25. ^ "Over 200 academics dub new EU border asylum law 'inhumane'". EUobserver. 2024-02-09. Retrieved 2024-04-06.
  26. ^ Tagliapietra, Alberto (February 21, 2024). "Outsourcing Responsibility: The EU's New Pact on Migration and Asylum | German Marshall Fund of the United States". German Marshall Fund of the United States. Retrieved 2024-04-06.
  27. ^ "Europas Asylwende: Was die GEAS-Reform für Flüchtlinge und Staaten bedeutet". Focus (German magazine) (in German). 2024-10-04. Retrieved 2024-10-04.
  28. ^ Ramsay, Max; Simon, Zoltan (2024-09-24). "Hungary Calls on EU to Rework Asylum Pact or Risk Its Collapse". Bloomberg.com. Archived from the original on 2024-09-24. Retrieved 2024-09-28.
  29. ^ https://www.euronews.com/my-europe/2024/12/13/half-of-eu-countries-missed-first-deadline-to-implement-migration-pact
  30. ^ "The Council adopts the EU's pact on migration and asylum". Council of the European Union. 2024-05-14. Retrieved 2024-07-07.
  31. ^ "Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 2024 laying down standards for the reception of applicants for international protection". EUR-Lex. 2024-05-14. Retrieved 2024-07-07.
  32. ^ "Regulation (EU) 2024/1347 of the European Parliament and of the Council of 14 May 2024 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted, amending Council Directive 2003/109/EC and repealing Directive 2011/95/EU of the European Parliament and of the Council". EUR-Lex. 2024-05-14. Retrieved 2024-07-07.
  33. ^ "Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU". EUR-Lex. 2024-05-14. Retrieved 2024-07-07.
  34. ^ "Regulation (EU) 2024/1349 of the European Parliament and of the Council of 14 May 2024 establishing a return border procedure, and amending Regulation (EU) 2021/1148". EUR-Lex. 2024-05-14. Retrieved 2024-07-07.
  35. ^ "Regulation (EU) 2024/1350 of the European Parliament and of the Council of 14 May 2024 establishing a Union Resettlement and Humanitarian Admission Framework, and amending Regulation (EU) 2021/1147". EUR-Lex. 2024-05-14. Retrieved 2024-07-07.
  36. ^ "Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013". EUR-Lex. 2024-05-14. Retrieved 2024-07-07.
  37. ^ "Regulation (EU) 2024/1352 of the European Parliament and of the Council of 14 May 2024 amending Regulations (EU) 2019/816 and (EU) 2019/818 for the purpose of introducing the screening of third-country nationals at the external borders". EUR-Lex. 2024-05-14. Retrieved 2024-07-07.
  38. ^ "Regulation (EU) 2024/1356 of the European Parliament and of the Council of 14 May 2024 introducing the screening of third-country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817". EUR-Lex. 2024-05-14. Retrieved 2024-07-07.
  39. ^ "Regulation (EU) 2024/1358 of the European Parliament and of the Council of 14 May 2024 on the establishment of 'Eurodac' for the comparison of biometric data in order to effectively apply Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third-country nationals and stateless persons and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU) 2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 of the European Parliament and of the Council". EUR-Lex. 2024-05-14. Retrieved 2024-07-07.
  40. ^ "Regulation (EU) 2024/1359 of the European Parliament and of the Council of 14 May 2024 addressing situations of crisis and force majeure in the field of migration and asylum and amending Regulation (EU) 2021/1147". EUR-Lex. 2024-05-14. Retrieved 2024-07-07.
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