The European Commission is proposing a new Pact on Migration and Asylum, covering all of the different elements needed for a comprehensive European approach to migration. It sets out improved and faster procedures throughout the asylum and migration system. And it sets in balance the principles of fair sharing of responsibility and solidarity. This is crucial for rebuilding trust between Member States and confidence in the capacity of the European Union to manage migration.
Migration is a complex issue, with many facets that need to be weighed together. The safety of people who seek international protection or a better life, the concerns of countries at the EU’s external borders, which worry that migratory pressures will exceed their capacities and which need solidarity from others. Or the concerns of other EU Member States, which are concerned that, if procedures are not respected at the external borders, their own national systems for asylum, integration or return will not be able to cope in the event of large flows.
The current system no longer works. And for the past five years, the EU has not been able to fix it. The EU must overcome the current stalemate and rise up to the task. With the new Pact on Migration and Asylum, the Commission proposes common European solutions to a European challenge. The EU must move away from ad-hoc solutions and put in place a predictable and reliable migration management system.
Following extensive consultations and an honest and holistic assessment of the situation, the Commission proposes to improve the overall system. This includes looking at ways of improving cooperation with the countries of origin and transit, ensuring effective procedures, successful integration of refugees and return of those with no right to stay. No single solution on migration can satisfy all sides, on all aspects – but by working together, the EU can find a common solution.
European Commission President Ursula von der Leyen said:
“We are proposing today a European solution, to rebuild trust between Member States and to restore citizens’ confidence in our capacity to manage migration as a Union. The EU has already proven in other areas that it can take extraordinary steps to reconcile diverging perspectives. We have created a complex internal market, a common currency and an unprecedented recovery plan to rebuild our economies. It is now time to rise to the challenge to manage migration jointly, with the right balance between solidarity and responsibility.”
Stronger trust fostered by better and more effective procedures
The first pillar of the Commission’s approach to building confidence consists of more efficient and faster procedures. In particular, the Commission is proposing to introduce an integrated border procedure, which for the first time includes 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.
This will also entail a health and a security check, fingerprinting and registration in the Eurodac database. After the screening, individuals can be channeled to the right procedure, be it at the border for certain categories of applicants or in a normal asylum procedure. As part of this border procedure, swift decisions on asylum or return will be made, providing quick certainty for people whose cases can be examined rapidly.
At the same time, all other procedures will be improved and subject to stronger monitoring and operational support from EU agencies. The EU’s digital infrastructure for migration management will be modernised to mirror and support these procedures.
Fair sharing of responsibility and solidarity
The second pillar at the core of the Pact is fair sharing of responsibility and solidarity. Member States will be bound to act responsibly and in solidarity with one another. Each Member State, without any exception, must contribute in solidarity in times of stress, to help stabilize the overall system, support Member States under pressure and ensure that the Union fulfils its humanitarian obligations.
In respect of the different situations of Member States and of fluctuating migratory pressures, the Commission proposes a system of flexible contributions from the Member States. These can range from relocation of asylum seekers from the country of first entry to taking over responsibility for returning individuals with no right to stay or various forms of operational support.
While the new system is based on cooperation and flexible forms of support starting off on a voluntary basis, more stringent contributions will be required at times of pressure on individual Member States, based on a safety net.
The solidarity mechanism will cover various situations – including disembarkation of persons following search and rescue operations, pressure, crisis situations or other specific circumstances.
A change of paradigm in cooperation with non-EU countries
The EU will seek to promote 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. The EU and its Member States will act in unity using a wide range of tools to support cooperation with third countries on readmission.
A comprehensive approach
This package will also seek to boost a common EU system for returns, to make EU migration rules more credible. This will include a more effective legal framework, a stronger role of the European Border and Coast Guard, and a newly appointed EU Return Coordinator with a network of national representatives to ensure consistency across the EU.
It will also propose a common governance for migration with better strategic planning to ensure that EU and national policies are aligned, and enhanced monitoring of migration management on the ground to enhance mutual trust.
The management of external borders will be improved. The European Border and Coast Guard standing corps, scheduled for deployment from 1 January 2021, will provide increased support wherever needed.
A credible legal migration and integration policy will benefit European societies and economies. The Commission will launch Talent Partnerships with key non-EU countries that will match labour and skills needs in the EU. The Pact will strengthen resettlement and promote other complementary pathways, seeking to develop a European model of community or private sponsorship. The Commission will also adopt a new comprehensive Action Plan on integration and inclusion for 2021-2024.
Legal documents – New Pact on Migration and Asylum