Policy Study: The New European Solidarity Mechanism

More flexibility, less dispute?

For a long time, the allocation of responsibilities over asylum seekers among EU Member States has been a bone of contention in the functioning of the Common European Asylum System (CEAS). Unfair responsibility-allocation rules under the 'Dublin system' and lack of compliance have resulted in deteriorating trust among member states. As part of the New Pact on Migration and Asylum, the recently adopted Asylum and Migration Management Regulation (AMMR) seeks to remedy the dysfunctionality of this system. Yet, it preserves the criterion of the country of first entry.

At the same time, it also establishes a new mandatory but flexible solidarity mechanism. Under this new mechanism, Member States will be obligated to provide contributions either in the form of relocations, financial contributions, or in-kind contributions. Despite this innovation, questions remain as to whether it will suffice to counterbalance the disproportionate responsibilities of member states at the EU's external borders. Therefore, the fundamental political choice of keeping the Dublin system largely intact requires an equally strong political and practical commitment to implementing solidarity.

Managing migration flows better

As such, the AMMR also introduces a new annual migration management cycle, defining concrete steps for determining Member States under pressure and solidarity needs, based on a comprehensive approach and assessment of migration, reception and asylum capacity. This focus on management, with a heightened role for the European Commission, reflects the EU's desire to proactively anticipate and respond to migration flows.

As Member States will continue to face migratory pressure in the future, the proper implementation of the solidarity mechanism and, more broadly, the good functioning of the CEAS will depend on this new management system, as well as on the development of adequate implementation plans. Against this background, this policy study focuses on the solidarity provisions under the AMMR. After highlighting the slow emergence of solidarity in EU asylum policy, the study examines the operationalisation of the newly introduced solidarity mechanism as part of the new annual migration management cycle. It then unpacks the system for determining solidarity and the types of contributions states will be able to benefit from.

Read the policy study here:

• "The New European Solidarity Mechanism: Towards a Fair Sharing of Responsibility between Member States" by Philippe De Bruycker, September 2024.