From Compromise to Implementation: A New Era for EU Migration Policy?

Following the green light by the European Parliament in May 2024, the Council voted in favour of the New Pact on Migration and Asylum. After years of disagreements on the reform of the Common European Asylum System (CEAS), the co-legislators were ultimately able to achieve a compromise on the legislative package. The reform paves the way for a new generation of EU asylum and migration laws. Many initially hoped that the reforms could also open a new chapter for the EU’s policies in this area. Yet, uncertainty around the implementation of the new rules remains high. Not all member states stand behind the reform package, as the successful but not unanimous vote in the Council showed. With migration as high as ever on the EU and national political agendas on the one hand, and demands for further legislative changes on the other, it is more important than ever to have an in-depth and comprehensive understanding of the reforms’ impact.
 

The New Pact seeks to streamline migration processes, as illustrated by the new ‘seamless’ procedures it sets in place at the EU’s borders, consisting of screening, border asylum procedures, and border return procedures. The Pact also seeks to address longstanding deficiencies in responsibilitysharing over asylum seekers among member states. In addition, it establishes new governance structures, new fora and coordinators. It foresees pivotal new roles for the EU institutions, for example in ascertaining situations of migratory pressure, operationalising solidarity, and overseeing the smooth running of border processing. In an effort to depart from the past, further measures were also adopted to crisis-proof the EU’s migration and asylum systems and respond to situations where migration is instrumentalised for political purposes. The New Pact establishes national level monitoring mechanisms for the detection and followup of fundamental rights violations during screening and border processing. Monitoring will help preserve access to asylum. Nevertheless, other Pact provisions, such as curtailed procedural rights during border processing, risk jeopardising the rights of asylum seekers and migrants.

Even before these new measures were formally adopted, the European Commission was determined to see them properly implemented from day one. Ursula von der Leyen, re-elected as European Commission President for a second time, emphasised the New Pact implementation as a key priority.

With divergent national practices and lack of compliance having undermined the CEAS’ functioning in the past, this strong focus on implementation is a significant evolution, aimed at ensuring adherence to the new rules once they become fully applicable in 2026. Based on a Common Implementation Plan launched by the Commission in June 2024, member states were tasked with presenting National Implementation Plans by early December 2024, identifying the needed capacities and resources. Collectively, these plans are meant to guide EU and member state action and preparedness. Pressure on national authorities is thus high. Yet, authorities at the EU and member state level are still grappling with many legal, operational, and financial questions.