2.1.2. The Pact on Migration and Asylum
The Pact on Migration and Asylum aims to set the framework for:
- Robust and fair management of external borders;
- Fair and efficient asylum rules;
- A new solidarity mechanism for situations of search and rescue, pressure and crisis;
- Stronger foresight, crisis preparedness and response;
- An effective return policy and an EU-coordinated approach to the return of rejected applicants;
- Comprehensive asylum and migration governance at the EU level;
- Mutually beneficial partnerships with third countries;
- Sustainable legal pathways for those in need of protection and to attract talent to the EU; and
- Effective integration policies.
European Commission. (2020, September 23). Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on a New Pact on Migration and Asylum, COM/2020/609 final. https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1601287338054&uri=C…
- A proposal for a Screening Regulation introduces uniform rules on the procedures to be followed at the pre-entry stage (identification, registration, security and health checks). At the end of the screening, all people will be directed to the relevant procedure: asylum or return, at the border or not.
European Commission. (2021, September 29). Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the Report on Migration and Asylum. COM(2021) 590 final. https://ec.europa.eu/info/sites/default/files/report-migration-asylum.p… - An amended proposal aims to revise the Asylum Procedure Regulation,ix which already aimed to streamline the asylum procedure with swifter actions to identify those who are in need of protection and those who are not. In conjunction with the proposal for a new Screening Regulation, the revised Asylum Procedures Regulation aims to establish an asylum and return border procedure before entry in the EU (pre-entry phase) and a seamless link between all stages of the asylum procedure, from arrival to the processing of asylum requests and, where applicable, returns.
European Commission. (2020, September 23). Amended proposal for a Regulation of the European Parliament and the Council establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU, COM/2020/611 final. https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1601291268538&uri=C… - An amended proposal revising the Eurodac Regulation aims to gather more data which are needed for the new EU Asylum and Migration Management Regulation. The new Eurodac database will be interoperable with border management databases and build towards an all-encompassing and integrated migration and border management system. Once in place, the proposal will contribute significantly to effective border management. For example, it will facilitate the identification of irregular migration and unauthorised movements within the EU and will increase efficiency in returns.
- A proposal for a new Asylum and Migration Management Regulation is based on the premise that the effective management of irregular arrivals is not a challenge to be addressed by individual Member States, but a common effort that should be founded on a comprehensive approach through integrated policymaking.
European Commission. (2020, September 23). Proposal for a Regulation of the European Parliament and of the Council, on asylum and migration management and amending Council Directive (EC) 2003/109 and the proposed Regulation (EU) XXX/XXX [Asylum and Migration Fund], COM/2020/610 final. https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1601291110635&uri=C… - A proposal for a Crisis and Force Majeure Regulation aims to provide adaptations to the asylum and return procedures, as well as the solidarity mechanism, so that Member States can respond effectively to situations of crisis and force majeure.
European Commission. (2020, September 23). Proposal for a Regulation of the European Parliament and of the Council, addressing situations of crisis and force majeure in the field of migration and asylum, COM/2020/613 final. https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1601295614020&uri=C… - A proposal for a Migration Preparedness and Crisis Blueprint aims to consolidate operational cooperation in the area of migration and monitor the migration situation regularly so that policy decisions are based on a complete situational picture.
European Commission. (2020, September 23). Commission Recommendation (EU) 2020/1366 of 23 September 2020 on an EU mechanism for preparedness and management of crises related to migration, C/2020/6469. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32020H1366 A Blueprint Network, including the European Commission, Member States, relevant EU agencies including the EUAA, and the External Action Service, will facilitate swift and coordinated action, information exchange both within the EU and with non-EU partners, informed decisions, and the monitoring of the implementation of decisions.European Commission. (2020, September 23). New Pact on Migration and Asylum: Questions and Answers. https://ec.europa.eu/commission/presscorner/detail/en/qanda_20_1707 - A recommendation on Resettlement and Complementary Pathways aims to bridge the transition from previous resettlement schemes to the Union Resettlement Framework.
European Commission. (2020, September 23). Commission Recommendation (EU) 2020/1364 of 23 September 2020 on legal pathways to protection in the EU: promoting resettlement, humanitarian admission and other complementary pathways, C/2020/6467. https://eur-lex.europa.eu/legal-content/GA/TXT/?uri=CELEX:32020H1364 While the provisional agreement on the Union Resettlement Framework reached between the European Parliament and the Council in 2018 was not followed up with subsequent legislative developments, resettlement has been a key theme in policy discussions in 2021. In July 2021, Commissioner Johansson convened the first High-Level Resettlement Forum as a demonstration of the EU’s determination to strengthen European and global resettlement efforts. The Commissioner also announced financial support to Member States for the purposes of resettlement and urged them to make ambitious pledges for next year.European Commission. (2021, July 9). High-level Resettlement Forum. https://webcast.ec.europa.eu/high-level-resettlement-forum - A recommendation on Search and Rescue Operations by Private Vessels sets out a framework for cooperation and information exchange among different actors in search and rescue operations, in particular NGOs which engage predominantly in these operations.
European Commission. (2020, September 23). Commission Recommendation (EU) 2020/1365 of 23 September 2020 on cooperation among Member States concerning operations carried out by vessels owned or operated by private entities for the purpose of search and rescue activities, C/2020/6468. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32020H1365 - New Guidance on the Facilitators Directive provides clarification on the interpretation of the Facilitators Package
Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence (OJ L 328, 5.12.2002, p. 17); and Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence (OJ L 328, 5.12.2002, p. 1). These instruments were adopted together and are commonly referred to as the ‘Facilitators Package’. in the context of search and rescue activities by non-state actors. It therefore clarifies that the Facilitation Directive should not be interpreted as criminalising humanitarian activities in the form of search and rescues and explains that the criminalisation of such activities and actors is in breach of international law and cannot be permitted under EU law.European Commission. (2020, September 23). Communication from the Commission: Commission Guidance on the implementation of EU rules on definition and prevention of the facilitation of unauthorised entry, transit and residence 2020/C 323/01, C/2020/6470. https://eur-lex.europa.eu/legal-content/GA/TXT/?uri=CELEX:52020XC1001(0…
Progress was also achieved in 2021 in the broader area of migration related to asylum. In June 2021, the European Commission presented the Schengen Strategy
In 2021, efforts continued towards the interoperability of large-scale IT systems in the area of freedom, security and justice, which are used by national authorities across the EU to share information, for example for the purpose of managing migration, including Dublin transfers. The European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) focussed on developing three new, large-scale IT systems (EES, ETIAS and ECRIS-TCN), while continuing to manage and update the three existing ones (Eurodac, SIS and VIS) and work on the interoperability between all these systems.
In light of upcoming changes, ECRE analysed Eurodac’s current rules, its place in the EU-wide information systems in the area of freedom, security and justice, and the proposed changes from 2016 and 2020. It made policy recommendations to establish a system with additional safeguards for fundamental rights.
With integration being an essential element of an effective migration management system, the implementation of the Action Plan on Integration and Inclusion started in 2021.
In response to unfolding developments at the EU external borders, the European Commission put forth a number of proposals at the end of 2021 on the instrumentalisation of migration and emergency situations at the EU's external borders (see Section 2.2.2).
After the presentation of the Pact on Migration and Asylum in September 2020 and throughout 2021, a number of actors, including civil society organisations and research institutions, offered their reactions to the proposals set forth by the European Commission. The commentaries, articles and policy and legal notes drew attention to areas which needed further clarification or where more could be achieved, including: the need to overhaul the criteria for sharing responsibility and leave a narrower margin of discretion for Member States to implement the solidarity measures;
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Footnotes
viii For a detailed description of the proposed instruments, see EASO Asylum Report 2021, Section 2. Major developments in asylum in the European Union in 2020.
ix The 2016 proposal called for a simpler asylum procedure; reinforced guarantees for asylum applicants with special needs and unaccompanied children; defined clearer obligations for applicants to cooperate with authorities and stricter rules to prevent abuse; and streamlined and harmonised rules related to safe countries of origin and safe third countries.