The European Pact on Migration and Asylum has entered its final phase. On Wednesday, April 10, MEPs in Brussels will vote on whether or not to approve the far-reaching reform of Europe's migration policy. This "migration pact" notably provides for tighter control of migrant arrivals into the European Union (EU), and the introduction of a solidarity mechanism between EU member states concerning the distribution of refugees.
Presented in 2020, this reform project has been the subject of intense negotiations among the 27 EU member states, which have been deeply divided on the subject since the 2015 refugee crisis. Finally, however, representatives of the Member States and the European Parliament reached a decisive agreement at the end of 2023, paving the way for its final adoption today, two months ahead of the European elections.
What exactly is in the text? What changes would it bring to European migration policy? Read on to find out.
Presented on September 23, 2020, by European Commission President Ursula von der Leyen, the European Pact on Asylum and Migration aims to thoroughly reform Europe's migration policy, which was seriously challenged during the 2015 migration crisis. The massive influx of migrants (1.8 million arrivals in one year) greatly destabilized cooperation between member states, and illustrated Europe's failure in the field of asylum and immigration. Today, the EU is faced with a new rise in asylum applications. They have reached the highest level since the 2015 migration crisis, with 1.14 million applications in 2023. The European border and coast guard agency, Frontex, has also reported that 2023 saw the biggest increase in irregular entries into the European Union since 2016.
The migration pact, backed by France, aims to reform the controversial Dublin Regulation (known as "Dublin III"), which has been the focus of much tension. Adopted in 2013, this regulation delegates the examination of asylum applications to the first EU country where migrants arrive (Italy, Greece, Malta, etc.), and thus concentrates much of the pressure of migration on these countries. The 2015 crisis highlighted the inefficiency of this process, the weaknesses of national asylum systems, and the lack of solidarity within the EU; as countries at the forefront, such as Greece, were overwhelmed and unable to properly process asylum applications.
Since then, countries of first entry have called for a more effective solidarity mechanism – but to no avail. In the wake of the migration crisis, a proposal for compulsory refugee quotas and distribution was set up, but it has not had the desired effect; as it was not applied by certain member states such as Poland and Hungary. A new pact was therefore proposed to remedy these difficulties and shortcomings.
It is a set of ten instruments (6 regulations, 3 recommendations and one directive) designed to strike a balance between border control and solidarity in receiving refugees on European soil. "While the pact aims to try and better control borders, the overall philosophy remains the same as 'Dublin III,' with countries of entry still being responsible for most of the reception," said Camille Le Coz, associate director of the Migration Policy Institute Europe research center.
In concrete terms, Brussels intends to act on three key elements.
- Faster processing at the EU's borders. The pact provides for "new procedures to establish status swiftly on arrival." Migrants would more quickly find out – within five days – whether they could stay in Europe or have to leave, via a "screening" procedure on entry (identity, security and health checks as well as fingerprinting).
- Closer cooperation with countries of origin and transit (such as those in the Balkans) to limit migrant arrivals and to combat people smuggling networks. In particular, Brussels aims to change the way international migration partnerships are forged with external countries, and and to establish a more voluntary framework for Europe's labor migration policy.
- A new, more flexible solidarity mechanism. Each country would have to contribute to the solidarity mechanism, but in a less restrictive way. Whereas relocations (transfers of asylum seekers between EU member states) used to be compulsory, they would now be voluntary. Countries would thus have several options: Relocations, financial contributions, or other solidarity measures (the deployment of personnel or logistical assistance to other countries, etc.). Each year, to better take stock of migratory flows, the Commission would produce a report and propose recommendations.
This new system has been singled out for criticism by the far-right, particularly France's Rassemblement National (RN) party. However, contrary to what Jordan Bardella's party has claimed, refugee relocations would not be compulsory. All member states would be obliged to contribute to the solidarity mechanism, preferably in the form of accepting relocations, but other options have been proposed for countries that refuse to take in asylum seekers. On the other hand, the Greens, the radical left, and some socialists (such as French candidate Raphaël Glucksmann) have denounced what they consider to be an "externalization of our borders," with applicants being sent back to "safe" third countries. The pact does, however, have the support of the three main European political blocs: The European People's Party (EPP, right), the Socialists and Democrats (S&D, center-left) and Renew Europe (centrists and liberals).
The final vote on the migration pact is due to take place on April 10 at the European Parliament in Brussels, after over three years of negotiations. EU Commission President von der Leyen, who has made this reform a key feature of her term of office, has long feared that it would not come to fruition before the European elections, which are scheduled for June. "This pact was delayed because the negotiations were highly politicized and the migration issue remains the one over which Europe is still tearing itself apart," analyzed Le Coz, "given that the text also proved extremely complex to negotiate."
After two years of political paralysis, the negotiations made significant progress in 2023. On April 20, the European Parliament announced its negotiating position in support of four fundamental regulations, including the measure concerning "screening," and the essential text relating to "crisis situations."
Two months later, on June 8, 2023, the EU member states reached a compromise on two key bills, notably the one setting up the new compulsory solidarity mechanism. "An agreement on the pact has never been so close," von der Leyen had even hailed, in her annual state of the Union address, on September 13, 2023. She then urged MEPs and the 27 EU member states to adopt the pact: "Let us show that Europe can manage migration effectively and with compassion. Let's get this done!" Nevertheless, deep divisions remained among member states: Poland and Hungary opposed both bills, while Bulgaria, Lithuania and Slovakia abstained.
The final section on crisis management was blocked, notably by Germany, but a compromise was reached at the end of September. Late in December, a decisive agreement was reached between the EU institutions to adopt the five most important parts of the migration pact. However, the announcement has been heavily criticized by NGOs, who have pointed out measures that would run contrary to fundamental human rights.
Le Coz called for caution regarding the outcome of this pact: "If this project is not adopted, it will mark a failure of the European project, which the far right will continue to exploit." On the other hand, if it is adopted, it will be important to pay close attention to how it is implemented, particularly in terms of respecting asylum seekers' rights: "The ways in which the text would be implemented will be as important as the past negotiations; and European partners will need an action plan that guarantees these fundamentals. (...) At the time of the 2015 crisis, Europe had a common text on asylum and migration, which ultimately only existed on paper."
Translation of an original article published in French on lemonde.fr; the publisher may only be liable for the French version.