Where does the new Pact on Migration and Asylum stand?

Given the ticking clock, the European Commission reviews the state of affairs regarding progress on the New Pact on Migration and Asylum and ECRE shares concerns about the possible outcomes of the current negotiations. 

On 23 September 2020, the European Commission proposed a new Pact on Migration and Asylum.

The pillars of the Commission's approach are as follows:

  • More efficient and faster procedures, including a pre-entry screening covering identification of all people crossing the EU's external borders without permission or having been disembarked after a search and rescue operation.
     
  • Fair sharing of responsibility and solidarity. The solidarity mechanism will cover various situations – including disembarkation of persons following search and rescue operations, pressure, crisis situations or other specific circumstances.
     
  • Tailor-made and mutually beneficial partnerships with third countries. These will help address shared challenges such as migrant smuggling, will help develop legal pathways and will tackle the effective implementation of readmission agreements and arrangements. 
     
  • A comprehensive approach, including a common EU system for returns, common governance for migration with better strategic planning and enhanced monitoring, improved management of external borders, and a credible legal migration and integration policy

On 27 January 2021, the Economic and Social Committee adopted its opinion on the Asylum and Migration Pact.

On 19 March 2021, the European Committee of the Regions adopted its opinion on the Asylum and Migration Pact.

On 7 September 2022, the EU Parliament and five rotating Council Presidencies committed to work together to adopt the reform of the EU migration and asylum rules before the 2024 EU elections. They signed an agreement (joint roadmap) regarding the conduct of negotiations between the co-legislators with a view to reforming EU migration and asylum rules by February 2024.

On 20 April 2023, the European Commission released the state of play on the New Pact on Migration and Asylum. Progress is briefly described on all relevant EU legislative proposals. For further information, please read the state of play attached below.

On 28 April 2023, the European Council on Refugees and Exiles (ECRE) published an editorial entitled "EU Asylum Reform: Parliament Agrees its Positions; Council Enters Wild Terrain". ECRE shares inter alia the following concerns: (i) the legislation adopted might constitute a deterioration in standards, (ii) the proposed amendments from the two co-legislators render the legislation even more complex to the point that implementation might be a challenge, and (iii) the reliance on derogations might lead to an era of de facto de-harmonisation. For further details, please read the editorial on the ECRE website.

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