Background:

The European Migration Network, following a vote by its Steering Board, decided to prepare Inform on currently applicable asylum procedures at the border in view of implementing the Pact on Migration and Asylum, as part of its 2025 work programme. This Inform aimed to provide an overview of how EU Member States implement border procedures under Article 43 of the Asylum Procedures Directive, which allows applications to be examined at the border or in a transit zone. The procedure is not mandatory and varies across countries inter alia in terms of scope, responsible authorities, timelines, reception conditions, and measures for vulnerable applicants. To collect reliable and up-to-date information for drafting the Inform, this ad hoc query was issued.

Respondents:

25 EMN Member and Observer Countries provided a public answer to this ad hoc query.

Findings:

A preliminary analysis of the results of the ad hoc query shows that:

• In 12 EMN Member Countries, asylum procedures can be implemented at the border or a transit zone. Conversely, there are no border procedures carried out in 13 EMN Member Countries. Among these countries, EE, HR, HU, SI reported having provisions in law, but not implementing them in practice, while seven countries reported not having a legal basis for such a procedure.
   
• Two EMN Member Countries reported examining cases only based on their admissibility or having a legal basis for it, while eleven countries consider both admissibility and merits at the border.
   
• In EMN Member Countries, two forms of public authorities are most often involved in border procedures: law enforcement (including police,  border guards, the coast guard) and determining authorities. 
   
• EMN Member Countries reported various practices to take into account security considerations within their border procedures. ES, FR and PT explicitly pointed to consulting law enforcement databases. In eight EMN Member Countries, security services and/or the police are involved. DE, NL and PT reported using the exclusion clause as an additional framework to consider such cases.  In FI and LT (accelerated procedure), detention is possible in such circumstances, and in IT, the case is further accelerated (it must be decided within five days).
   
• In six EMN Member Countries, some categories of vulnerable persons cannot be subjected to border procedures. In other cases, the exemption of some categories of vulnerable persons is conditional. In BE, EL, FI, FR, NL and PT, persons in need of special procedural guarantees will be processed in the regular procedure if these guarantees cannot be provided in the context of the border procedure.

For concise and comparative information, please refer to the Inform on the subject. For detailed country-specific information, please consult the compilation of responses attached above.