The European Union has made a pivotal move to reform its troubled asylum system with the approval of the EU Pact on Migration and Asylum. This pact, narrowly endorsed by the European Parliament on April 10, 2024, seeks to address the chaos and division that have plagued the system since the 2015 refugee crisis.
Despite four years of tough negotiations leading to this agreement, significant challenges lie ahead. The complexity of the pact, resistance from some Member States, and the need for substantial funding pose serious questions about its effective implementation.
As the EU navigates these hurdles, the true impact of the pact on political cohesion and asylum management remains uncertain.
Background
The EU Pact on Migration and Asylum has its roots in the tumultuous events of 2015, when a surge in asylum seekers and migrants arriving in Europe exposed deep fault lines among Member States. The so-called ‘refugee crisis’ led to a tightening of asylum policies in many countries and the reintroduction of border controls within the Schengen area.
The unequal distribution of the burden of irregular migration also fueled resentment among southern Member States, which bore the brunt of new arrivals.
In the years following the crisis, asylum and migration issues remained a persistent source of tension within the EU. Member States struggled to find common ground on key aspects of asylum management, such as the distribution of asylum seekers and the responsibilities of countries of first entry.
Recognizing the need for a comprehensive and sustainable solution, the European Commission put forward a new set of regulations in the autumn of 2020, following extensive consultations with Member States and stakeholders.
This proposal laid the groundwork for the negotiations that ultimately led to the adoption of the EU Pact on Migration and Asylum.
Key Elements of the Pact
The EU Pact on Migration and Asylum is a complex and wide-ranging set of regulations that seeks to address the multiple challenges facing the EU’s asylum system. At its core, the pact comprises five key regulations that span over 2,000 pages of text.
These regulations are interconnected and designed to work in concert to create a more harmonized and efficient asylum process across the EU. One of the most significant elements of the pact is the introduction of new ‘border procedures’ for asylum seekers.
Under these procedures, individuals who are deemed unlikely to qualify for asylum, such as those from countries with low recognition rates, will be required to remain at designated facilities near the border while their claims are processed.
This measure aims to prevent the entry of ‘bogus’ asylum seekers and streamline the return process for those whose applications are rejected.
The pact also introduces the concept of ‘safe third country’ as a basis for returning or deporting asylum seekers. Member States will be permitted to send asylum seekers back to countries outside the EU, provided that the individuals have a connection to the country in question and that it meets certain criteria for safety.
To address the long-standing issue of solidarity among Member States, the pact establishes a new system for sharing the responsibility of hosting asylum seekers.
Under this system, Member States will be required to either accept a quota of asylum seekers, contribute financially to the costs of managing asylum claims, or provide other forms of support, such as assisting with returns or offering technical assistance.
Political Context and Challenges
The negotiations surrounding the EU Pact on Migration and Asylum took place against a backdrop of shifting political attitudes towards asylum and migration across Europe. In many Member States, public opinion has hardened in favor of more restrictive policies, driven in part by the electoral gains of far-right and populist parties.
This trend has put pressure on mainstream parties to adopt tougher stances on asylum and has made it more difficult to reach consensus on EU-level solutions.
The pact’s approval also comes at a time of heightened tensions between different regions of the EU. Southern Member States, which are often the first point of entry for irregular migrants, have long called for greater solidarity and burden-sharing from their northern and eastern counterparts.
Meanwhile, some eastern Member States, particularly Poland and Hungary, have been reluctant to accept mandatory quotas for asylum seekers, arguing that they undermine national sovereignty.
Implementing the pact’s provisions will require significant financial resources from both the EU and individual Member States. The creation of new border facilities, the expansion of asylum processing capacities, and the implementation of solidarity measures will all come with substantial costs.
Securing the necessary funding for these initiatives may prove challenging, particularly in the context of competing budgetary priorities and economic pressures. Moreover, the pact’s success will depend in large part on the EU’s ability to forge effective partnerships with countries of origin and transit.
Reducing irregular migration flows and facilitating the return of rejected asylum seekers will require close cooperation with these countries, including through readmission agreements and joint efforts to combat human-trafficking networks.
However, progress on these fronts has been limited to date, and the pact itself does not provide a clear roadmap for overcoming these obstacles.
Concerns and Criticisms
Despite the hard-fought compromise that the EU Pact on Migration and Asylum represents, it has not escaped criticism from various quarters. One of the main concerns raised about the pact is its sheer complexity.
With five interlocking regulations spanning thousands of pages, some observers worry that the pact’s provisions may be difficult to understand and implement in practice, leading to inconsistencies and gaps in application across Member States.
The pact has also faced opposition from certain Member States, particularly those in eastern Europe. Hungary and Poland, which have taken a hardline stance against mandatory asylum quotas, voted against the pact’s approval in the European Parliament.
Their opposition raises questions about the extent to which the pact’s solidarity mechanisms can be enforced and whether they will be sufficient to alleviate the pressure on frontline Member States.
Another point of criticism is the limited scope of the pact’s solidarity measures. While the pact requires Member States to contribute to the management of asylum claims in various ways, the actual number of asylum seekers to be relocated annually (30,000) represents only a small fraction of the total irregular arrivals in the EU.
Some argue that this level of solidarity is insufficient to make a meaningful difference in the distribution of the asylum burden. The pact has also come under fire from NGOs and human rights organizations, which have expressed concerns about its potential impact on the rights of asylum seekers.
The introduction of border procedures and the use of detention facilities have been particularly controversial, with critics arguing that they could lead to violations of asylum seekers’ fundamental rights and undermine the principle of non-refoulement.
There are also fears that the pact’s provisions could face legal challenges in national and European courts, further complicating its implementation.
Implementation and Future Prospects
Looking ahead, the EU Pact on Migration and Asylum is set to enter into force in June 2026, giving Member States a two-year window to prepare for its implementation.
During this period, the European Commission will work closely with national governments to ensure that the necessary legal, administrative, and infrastructure frameworks are in place to support the pact’s provisions.
This will include the construction of new border facilities, the development of harmonized asylum procedures, and the establishment of solidarity mechanisms.
However, the path to implementation is likely to be rocky, given the political and practical challenges that lie ahead. One potential obstacle is the upcoming rotation of the Council presidency among Member States.
With Hungary, Poland, and Denmark set to hold the presidency in the coming years, there are concerns that the pact’s implementation could be delayed or undermined by countries that have been skeptical of its provisions.
The pact’s success will also depend on the EU’s ability to navigate an increasingly complex and unstable international environment. Ongoing conflicts and economic pressures in regions such as the Middle East and Africa are likely to continue driving irregular migration flows towards Europe, putting additional strain on the EU’s asylum system.
Forging effective partnerships with countries of origin and transit will be crucial to managing these flows and ensuring the sustainability of the pact’s provisions.
If the EU fails to implement the pact effectively, the consequences could be severe. Member States may resort to even more restrictive national policies, leading to a further erosion of asylum rights and a deepening of political divisions within the bloc.
There is also a risk that the Schengen system of free movement could come under renewed pressure, as countries seek to maintain internal border controls in response to perceived security threats.
Ultimately, the success of the EU Pact on Migration and Asylum will depend on the political will and commitment of Member States to work together in a spirit of solidarity and shared responsibility.
While the pact provides a framework for cooperation, its implementation will require sustained effort, compromise, and a willingness to confront difficult challenges head-on.
Conclusion
The approval of the EU Pact on Migration and Asylum marks a significant milestone in addressing one of the most complex and divisive issues facing the bloc. The pact represents a delicate balance between the competing priorities of Member States, showcasing the EU’s ability to forge compromise amid challenging circumstances.
However, this approval is just the beginning. The coming years will be crucial in determining whether the pact can fulfill its promise of creating a more sustainable, efficient, and equitable asylum system for the EU.
Its success hinges on Member States implementing its provisions in good faith and the EU’s ability to adapt to evolving political and social realities. To keep up with the latest news on travel authorizations and more, head over to CloudVisas for detailed insights.