Migration and asylum policy of the European Union
The migration and asylum policy of the European Union falls within the area of freedom, security and justice. It was established to develop and harmonise the principles and measures used by member states of the European Union to regulate migration processes and to manage matters related to asylum and refugee status within the EU.
History and overview
The European Union gained the authority to legislate in the area of migration and asylum with the entry into force of the Treaty of Amsterdam on 1 May 1999. At the European Council meeting held in Tampere in October 1999, several legislative instruments establishing a Common European Asylum System were proposed. Central to these instruments was the adoption of the Dublin II Regulation, a recast of the Dublin Convention, an intergovernmental treaty agreed in 1990 outside the institutional framework of the European Union. By 2005, all legislative instruments of the first phase had been adopted.Following the presentation of the Policy Plan on Asylum by the European Commission in June 2008, the legislative instruments of the first phase were reformed. The adoption of the recast directives and regulations was completed by 2013. The second phase also established the European Asylum Support Office.
Between May and July 2016, the European Commission proposed legislation for a third phase of the Common European Asylum System, in the aftermath of the 2015 European migrant crisis. In September 2020, these reforms were incorporated into the newly proposed Pact on Migration and Asylum. As of September 2023, the legislative instruments were in various stages of adoption.
The Dublin III Regulation is to be replaced by an Asylum and Migration Management Regulation as part of the third phase of the Common European Asylum System. The Justice and Home Affairs Council reached agreement on a negotiating position with the European Parliament on 8 June 2023, with implementation planned for June 2026.
A key element of the Asylum and Migration Management Regulation is the establishment of a new solidarity mechanism among member states. Solidarity may take the form of relocation of migrants, financial contributions, deployment of personnel, or measures aimed at capacity building. Solidarity will be mandatory for member states, but the type of contribution is left to their discretion. In lieu of relocation, member states may instead make a financial contribution of €20,000 per person.
Guiding principles
The migration policy of the European Union is rooted in the 1951 Convention Relating to the Status of Refugees, an agreement founded on Article 14 of the Universal Declaration of Human Rights. The current legal bases for the EU's creation of a harmonised legislative framework on asylum are found in the Treaty on the Functioning of the European Union and the Charter of Fundamental Rights of the European Union.The EU complies with the 1951 Convention, which is the principal international instrument defining the status and rights of refugees. Under its key provisions, states are responsible for safeguarding the rights and freedoms of internally displaced persons and refugees, while ensuring that legal protections apply equally to all foreign nationals arriving in their territory.
In response to the high number of migrants arriving during the 2015 migration crisis, the European Union has continued to develop an effective migration policy. One of its key principles is solidarity, reflected in respect for fundamental rights and in the coordination of political and social efforts to address migration-related challenges.
The development and functioning of migration policy relies on collecting data on the current situation, including statistics on the number of legal and irregular migrants crossing the borders of the European Union. Although migration policy is determined internally, it also has an international dimension due to its connection with cross-border movement. Consequently, international events directly influence the evolution of EU migration policy.
In 2020, the European Commission, at the request of the European Parliament, proposed a series of reforms to the existing system through a comprehensive approach built on three main pillars:
- Efficient asylum and return procedures.
- Solidarity and fair sharing of responsibility.
- Strengthened partnerships with third countries.
New Pact on Migration and Asylum
The agreement was reached on 20 December 2023 between representatives of the European Parliament and the Council of the European Union. It passed the European Parliament on 10 April 2024 and was approved by the Council on 14 May 2024.
Under the Pact, member states where migrants first arrive will be able to relocate up to 30,000 people per year to other EU countries under a "mandatory solidarity mechanism". The Pact has been criticised by some right-wing politicians for not going far enough to deter irregular migration, including concerns about the absence of stronger provisions on returns. Slovak Prime Minister Robert Fico called for a stronger return policy, stating that "out of 100% of illegal migrants who arrive in Europe, 80% stay there, and only 20% we manage to get back".
Several human rights organisations, including Oxfam, Caritas, Amnesty International and Save the Children, criticised the Pact in an open letter, arguing that it would create a "cruel system". More than 200 academics from 66 predominantly European universities described the Pact as "inhumane" and urged the European Parliament and the Council to reassess their approach.
The Pact resulted in the following legislation:
- Directive 2024/1346
- Regulation 2024/1347
- Regulation 2024/1348
- Regulation 2024/1349
- Regulation 2024/1350
- Regulation 2024/1351
- Regulation 2024/1352
- Regulation 2024/1356
- Regulation 2024/1358
- Regulation 2024/1359
Legal framework
Common European Asylum System
Since 1999, refugees entering Europe have been subject to the rules established under the Common European Asylum System. These rules were designed to prevent European Union Member States from returning individuals to places where they may face persecution and to provide international protection to those granted refugee status. However, Member States retain discretion regarding the procedures for granting and withdrawing international protection.Asylum Procedures Directive
The Asylum Procedures Directive establishes a common procedure for granting and withdrawing international protection.The original directive was adopted on 1 December 2005. A recast version followed on 26 June 2013 as part of the second phase of CEAS.
As part of the third phase of CEAS, the directive is set to be replaced by an Asylum Procedure Regulation. The Justice and Home Affairs Council agreed on a negotiating position towards the European Parliament on 8 June 2023.
A key component of the proposed regulation is the introduction of a new border procedure. This procedure may be applied when an individual applies for asylum at an external border crossing point, is apprehended following an irregular border crossing, or is rescued during a search and rescue operation. Individuals subject to the border procedure are treated as if they have not yet entered the Member State’s territory. The procedure will be mandatory for applicants considered a threat to national security or public order, for those who have misled authorities, or for applicants from countries with a recognition rate below 20%.
Reception Conditions Directive
The Reception Conditions Directive ensures minimum standards for the reception of applicants for international protection across the EU.The original directive was adopted on 27 January 2003. A recast version was adopted on 26 June 2013 as part of the second phase of CEAS.
As part of the third phase of CEAS, another recast of the directive has been proposed. The Justice and Home Affairs Council reached agreement on its negotiating position on 20 December 2022.
Qualification Directive
The Qualification Directive sets out who qualifies for refugee status or subsidiary protection, and the rights associated with each status.The original directive was adopted on 29 April 2004. A recast version was adopted on 13 December 2011 as part of the second phase of CEAS.
In the third phase of CEAS, the directive is to be replaced by a Qualification Regulation. The Justice and Home Affairs Council reached agreement on a negotiating position on 20 December 2022.
Dublin Regulation
The Dublin Regulation determines which Member State is responsible for examining an asylum application.The original Dublin Regulation was adopted on 27 January 2003 as part of the first phase of CEAS, replacing the 1990 Dublin Convention and therefore commonly referred to as the Dublin II Regulation.
In the second phase of CEAS, the Dublin III Regulation was adopted on 26 June 2013.
As part of the third phase, the regulation is set to be replaced by the Asylum and Migration Management Regulation. The Justice and Home Affairs Council agreed on a negotiating position on 8 June 2023.
The AMMR introduces a new solidarity mechanism among Member States. Solidarity may take the form of relocating migrants, financial contributions, personnel deployment or capacity-building measures. Participation in solidarity is mandatory, but Member States may choose the form of contribution. In place of relocation, Member States may instead make a financial contribution of €20,000 per person.