17.06.2024

New Pact Series: Focus on the New Pact on Migration and Asylum

In our New Pact Series, we analyse the reforms introduced by the New Pact on Migration and Asylum reforms.

In our "New Pact Series", we analyse the reforms introduced by the New Pact on Migration and Asylum. The series in collaboration with the EPC and FEPS consists of four policy studies focusing on the implementation of the New Pact.


Policy Study "The new Screening and Border Procedures: Towards a seamless migration process?"

This policy study assesses the new screening, border asylum processing and border return procedures following the recently adopted New Pact on Migration and Asylum reform. It examines possible legal
challenges and shortcomings, as well as proposing forward-looking reflections for proper implementation.

Screening, border asylum processing and border return procedures are part of the revamped procedural setup foreseen by the reformed Common European Asylum System (CEAS). They are meant to make up a new seamless process at the EU's external borders, streamlining and simplifying procedural arrangements. Creating a seamless border migration process is not inherently negative, especially in light of mixed migration flows and irregular arrivals. However, this policy study shows that challenges may arise due to short processing time and inadequate material conditions, among others. More broadly, efficiency may be prioritised over the quality of processing.

Implementing the new rules in a protection-oriented manner will be instrumental in realising the Pact's goals in compliance with the Member States' obligations under refugee and human rights law. To this end, the policy study raises points for further reflection that could feed the thinking of EU and national policymakers and administrators, international organisations, and civil society in carrying out and supporting implementation. The study points to several possible initiatives, including actions to ensure adequate financial support, guarantees in relation to deprivation of liberty and the protection of vulnerable applicants, as well as effective monitoring in the new system.

The new screening and border procedures

Tsourdi, Evangelia

The new screening and border procedures

Towards seamless migration precess?
Brussels, 2024

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Policy Study "The Crisis and Force Majeure Regulation: Towards future-proof crisis management and responses?"

The newly adopted Crisis and Force Majeure Regulation sets in place a procedure for determining if a Member state faces an emergency and defines which response should be set into motion, including enhanced solidarity and derogations from the Asylum Procedures Regulation (APR).

Against this background, this policy study examines the added value and the challenges relating to the implementation of these measures. To this end, it explores key aspects of the crisis cycle, including the potential impact of the derogations, the authorising procedure, as well as the monitoring and coordination mechanisms to be used in an emergency. The study's overarching question is whether the EU will be better prepared for future crises after the adoption of the New Pact reforms. It highlights that the EU is potentially better off with a common framework, also considering the likelihood of volatile migration flows in the future.

Nevertheless, the study points to the ambiguities and grey areas in the Crisis and Force Majeure Regulation, underlining that the flexibility for facilitating EU responses could come at the cost of legal certainty. At the same time, the benefit of using the derogations remains unclear, while solutions to address the root causes of an emergency may lie outside the New Pact instruments or even migration policy. Considering this, the newly adopted rules do not suffice to future-proof EU crisis management.

To address possible challenges, the study includes forward-looking reflections, which underline the need to make exit strategies part of the crisis response from the start. It also recommends using all foreseen measures – not just derogations – that can lead to an effective response on the ground while minimising the risks of rights violations and negative spillover effects for the EU.

The Crisis and Force Majeure Regulation

Neidhardt, Alberto-Horst

The Crisis and Force Majeure Regulation

Towards future-proof crisis management and responses?
Brussels, 2024

Download publication (1,9 MB PDF-File)



Policy Study "Responsibility-sharing or shifting? Implications of the New Pact for future EU cooperation with third countries"

Following the adoption of the New Pact reforms, the external dimension of the EU's migration policy will become even more relevant. With prospects of internal responsibility-sharing among Member States
remaining uncertain, limiting irregular arrivals and facilitating returns are being presented as essential preconditions to avoid putting pressure on national migration, asylum and reception systems. From this
viewpoint, securing stable cooperation with third countries will be instrumental for the sustainability of the newly reformed Common European Asylum System (CEAS).

The policy study examines the external dimension of the recently adopted New Pact reforms, specifically the Asylum Procedures Regulation (APR) and the Asylum and Migration Management Regulation (AMMR). The APR includes reformed provisions on safe country clauses that aim to facilitate returns. As for the AMMR, the reform includes a solidarity mechanism to support Member States facing disproportionate responsibilities. Yet, the flexibility of this solidarity mechanism, combined with the overall systemic priority of limiting pressure on national reception systems, will likely translate into stronger incentives to use funding to contain irregular arrivals.

While the New Pact has manifold policy goals, the containment priorities pursued in the external dimension of the EU's migration policy may fail to reflect the interests of partner countries sufficiently. Instead of promoting more balanced cooperation at the international level, they could lead to further responsibility-shifting to third countries. At the same time, the reforms pay insufficient attention to fundamental rights. This could incentivise cooperation with countries with poor human rights records. Since the latter tend to be unstable and unreliable partners too, in terms of ensuring adequate protection standards and a genuine commitment to continued cooperation, the external dimension of migration policy might backfire on the EU's goal of achieving a more resilient and fairer CEAS. However, this could be prevented if strong complementary measures are taken prior to and during the reforms' implementation.

Responsibility-sharing or shifting?

De Leo, Andreina; Milazzo, Eleonora

Responsibility-sharing or shifting?

Implications of the New Pact for future EU cooperation with third countries
Brussels, 2024

Download publication (1,8 MB PDF-File)



Watch this space for the upcoming fourth and last Policy Study of our New Pact Series!

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