Commission takes stock of key achievements on migration and asylum  

This article is brought to you in association with the European Commission.

Ahead of the March European Council, the Commission adopted today a Communication taking stock of the achievements in the area of migration and asylum over the last four years. From the beginning of the mandate, the von der Leyen Commission committed to a fresh start on migration and to work towards a sustainable EU framework to manage migration in an effective and humane way. The Commission has made progress on a two-track approach: putting in place sustainable reforms with the Pact on Migration and Asylum, while also working on targeted operational actions to support Member States.

I.  A new EU legal framework on migration and asylum

The Pact on Migration and Asylum was presented by the Commission in 2020. Four years later, the European Parliament and the Council reached political agreement on eleven interlocking laws in a historic breakthrough. The reforms will bring the necessary framework to ensure a fair, efficient migration management common to all EU Member States.

In particular, the Pact will bring:

• More secure external borders: All irregular migrants will be registered and subject to screening of identity, security, and health. In a second stage, a border procedure will be mandatory for those who are unlikely to need protection, present a security risk or mislead the authorities. Member States will need to have the necessary capacity and adequate conditions to receive asylum seekers and process their claims. Strong legal safeguards will apply, and unaccompanied minors will be exempted from the border procedure unless they pose a security threat. All Member States will need to ensure independent monitoring to ensure the respect of fundamental rights at the borders.
• Fast and efficient procedures for asylum and return with stronger individual safeguards: The new rules will put in place more effective asylum procedures with shorter time limits and stricter rules for abusive or subsequent applications. These rules are balanced against important guarantees for the rights of individuals, including free legal counselling throughout all procedures, with particular attention to vulnerable groups.  The new rules will also set up EU-wide standards for reception conditions as well as harmonising the qualification and the rights of beneficiaries of international protection.
• A fair and more effective system of solidarity and responsibility: For the first time, the Union will have in place a permanent solidarity mechanism. No Member State will be left alone under pressure. At the same time, each Member State will contribute to the solidarity efforts in a flexible way and they will be able to choose the type of solidarity they provide. The system will also include effective rules to detect and prevent secondary movements.

II. Targeted operational response

In parallel to the successful reform of the legal framework, the Commission with EU Home Affairs agencies (Frontex, Europol, EUAA) worked intensively to support Member States in addressing immediate needs through operational and targeted actions. In particular, work in the last four years has focused on:

• A whole-of-route approach, while working together with countries of origin and transit. The Commission has launched four EU Action Plans – focusing on the Western Balkans, Central Mediterranean, Western Mediterranean and Atlantic, and Eastern Mediterranean routes, by reinforcing EU support to Member States with the full range of policy and operational measures tools at EU’s disposal. 
• Strengthening border management with the most technologically advanced border management system in the world. This includes the upgraded European Border Surveillance System (EUROSUR), the Migration Preparedness and Crisis Blueprint, and the upgraded Visa Information System. Pilot projects, upgraded now into new cooperation frameworks with Bulgaria and Romania, have proven capable of boosting external border management and reinforced cooperation with neighbouring countries.
• Targeting criminal networks that smuggle migrants: More than 90% of irregular migrants arrive in the EU through smugglers. The proposed anti-smuggling package of 2023 updates the 20-year-old legal framework and strengthens Europol’s role to fight against migrant smuggling. In parallel, a Global Alliance to Counter Migrant Smuggling was launched with a Call to Action.
• Stepping up returns: Returns for those with no legal right to stay are an important part of a functioning migration system. With the new Return Roadmap, action is underway to support Member States in speeding up returns and facilitating reintegration. More frequent use of mutual recognition of return decisions is also helping to accelerate the process.
• Responding to acute needs and crises: by combining support from EU agencies, funding and operational support, the EU has proven that it can rapidly address specific needs.From standing strong and united in protecting the external borders against the instrumentalisation of people by Belarussian and Russian regimes to offering protection to those fleeing Russian’s war against Ukraine. In addition, the EU continued to prove its reliability as a continent where protection is guaranteed to those in need, taking up its role as global actor with sustained resettlement efforts.

III. Working with partner countries

Migration is a global reality and an integral part of the deepening relationships the EU has with partners worldwide. The Commission has consistently engaged with international partners in a Team Europe approach to address the root causes of migration, fight migrant smuggling, and promote legal pathways.

• A new paradigm based on comprehensive partnerships is being developed with many of the countries of origin and transit to the EU, including recent initiatives with Tunisia, Mauritania and Egypt. Under this new approach, migration is embedded into the close cooperation with our partners countries alongside other key areas such economy and trade, investments in green energy, security and people to people relations. The EU and its Member States are the world’s leading donor to support refugees, and the largest provider of development assistance.
• Promoting legal pathways: a key workstream has been to develop legal alternatives in a Team Europe approach under the banner of Talent Partnerships. The Commission has proposed a new approach to attracting and retaining talent,  reflected in the legislative and operational proposals, in particular the Skills and Talent package.
• Reinforcing readmission cooperation: Developing legal migration must also go hand in hand with strengthened cooperation on readmission. Under Article 25a of the Visa Code, the Commission regularly assesses third countries’ cooperation on readmission and reports to the Council.

Next steps

The new legal framework of the Pact will be a game-changer and its full and timely implementation is now key. Following the formal adoption of the Pact proposals, the Commission will lead the collective work, presenting a Common Implementation Plan by June 2024 and accompanying Member States every step of the way with financial, technical and operational support.

The Commission will also continue providing targeted operational support, using all the tools at our disposal to deal with the day-to-day management of acute pressures and crises. This will be done with comprehensive support to Member States, fairness towards migrants and respect for EU and international law.

Lastly, the Commission will continue to strengthen the external dimension of migration by continuing to invest in strong comprehensive partnerships with third countries.

For more information

Communication – Striking a balance on migration: an approach that is both fair and firm

Factsheet

New Pact on Migration and Asylum

Managing migration responsibly

Quote(s)

Faced with some of the most intractable issues, and after unsuccessful past attempts, this Commission has shown that the EU can deliver on migration. The historic agreement on the EU Pact on migration and asylum brings a complete overhaul of our migration and border management laws. This will allow generations of Europeans to continue benefitting from the unique, European-trademarked freedoms of the Schengen area. Coupled with the steady stream of measures to address acute issues as they arose, the EU’s Member States are now better equipped than ever before to face constantly evolving and complex challenges of migration, acting together with fairness and firmness.

Margaritis Schinas, Vice-President for Promoting our European Way of Life

We have come a long way in managing migration during these last years. We have put the legal foundations for a fair and effective system. We have equally managed operationally the challenges on the ground. We need now to implement the Pact and continue delivering in practice. With unity and trust we can show that migration can be managed and be an opportunity for our European societies and economies.

Ylva Johansson, Commissioner for Home Affairs