EU Sets Record for Strictest Migration Policy

The European Union has adopted the New Pact on Migration and Asylum, establishing a more restrictive legal framework for managing arrivals and redistributing the responsibility for asylum seekers across member states. The legislation, which was formally approved by the European Parliament on April 10, 2024, introduces mandatory solidarity mechanisms and accelerated border procedures designed to reduce the number of asylum claims processed within the interior of the bloc.

The new framework replaces fragmented national approaches with a centralized set of rules intended to streamline the asylum process and increase the rate of returns for individuals whose claims are rejected. Central to the pact is a shift toward processing asylum applications at the EU’s external borders rather than allowing applicants to move deeper into the Schengen Area before their status is determined.

Accelerated Border Procedures

Under the new regulations, the EU will implement a mandatory border procedure for applicants arriving from countries with low asylum recognition rates. This process includes a fast-track assessment to determine if a claim is likely to be unfounded, allowing authorities to issue rejection decisions more quickly.

Individuals subject to these procedures will be held in designated border centers during the screening and application phase. This is intended to prevent “secondary movements,” where migrants move from the first EU country they enter—often Italy, Greece, or Spain—to other member states such as Germany or France.

The pact also expands the definition of safe third countries, enabling member states to transfer asylum seekers to non-EU nations if the applicant first passed through that country and the conditions Notice deemed safe. This mechanism allows the EU to bypass the internal asylum process by returning individuals to countries outside its jurisdiction.

The Mandatory Solidarity Mechanism

To address the disparity in migration pressure between frontline states and those in the north and east of the bloc, the pact introduces a mandatory solidarity mechanism. This system requires all EU member states to contribute to the management of migration, though it provides options for how that contribution is delivered.

Member states can choose between three primary options to fulfill their solidarity obligations:

• Relocating a specific number of asylum seekers from frontline states to their own territory.
• Paying a financial contribution into a common EU fund for each applicant they refuse to relocate.
• Providing operational support, such as technical equipment or personnel, to assist in border management.

The financial penalty for refusing relocation is set at approximately €20,000 per person. These funds are earmarked for the development of migration infrastructure, the support of frontline states, and the funding of programs intended to facilitate the return of migrants to their countries of origin.

Enhanced Screening and Biometrics

The pact establishes a new, uniform screening process for all non-EU nationals entering the territory. This process occurs regardless of whether the individual has applied for asylum and is designed to identify security risks and health concerns immediately upon arrival.

The screening includes the collection of biometric data, such as fingerprints and facial images, which are stored in the Eurodac database. This database is used to track the movement of migrants within the EU and to identify individuals who have submitted multiple asylum applications in different member states.

Health checks and identity verification are also mandated during this initial phase. Once the screening is complete, individuals are categorized based on their origin and the nature of their claim, which then determines whether they enter the accelerated border procedure or the standard asylum process.

Political Context and Implementation

The adoption of the pact follows years of diplomatic deadlock between member states. Frontline nations argued that the previous Dublin Regulation, which placed the primary responsibility for asylum claims on the country of first entry, was unsustainable. Conversely, several eastern European states, including Hungary and Poland, resisted mandatory relocation quotas.

The current compromise allows states to avoid taking in migrants through financial payments, a concession that secured the support of the more restrictive governments within the Council of the European Union. Human rights organizations have criticized the pact, arguing that the increased use of detention centers at borders and the potential for transfers to third countries may conflict with international law and the European Convention on Human Rights.

The New Pact on Migration and Asylum will be phased in over a transition period. Full implementation is expected by 2026, as member states update their national laws and construct the necessary border facilities to accommodate the new screening and detention requirements.