The Migration and Asylum Pact – What does it specifically regulate?

czy pracownik banku może być „frankowiczem”

Table of Contents:

  1. Migration Pact – Basic Information
  2. Key Regulations Comprising the Migration Pact
  3. Migration Pact – Since When?

Regarding plans related to the adoption of the Migration and Asylum Pact and its key implications for Poland, we discussed them here. On April 10, 2024, the so-called Migration Pact was adopted by the European Parliament, and on May 14 of this year, it was approved by the Council of the European Union. Many publications on this topic focus on the political aspect of this regulation in the context of Poland’s acceptance of immigrants from Ukraine – however, there is a lack of information on what exactly this acceptance of the Migration Pact entails.

Migration Pact – Basic Information

The term Migration Pact refers to a set of EU legal acts related to broadly defined immigration policy. The key objectives to be achieved by the introduction of these provisions include:

  • Accelerating the processing of asylum applications and increasing the effectiveness of returning immigrants.
  • Better identification of immigrants.
  • Introducing mandatory security, vulnerability to threats, and health checks for persons illegally entering the EU.
  • A mechanism of mandatory solidarity, which provides for the annual relocation of at least 30,000 persons.
  • A new voluntary resettlement program for refugees from third countries.

Key Regulations Comprising the Migration Pact:

  • Regulation on asylum and migration management:

It provides for the relocation of asylum seekers or persons enjoying international protection to Member States’ territories. Alternatively, they can contribute financially (20,000 euros per person not accepted) or provide operational and technical support.

  • Regulation on crisis situations:

It addresses response mechanisms in crisis situations or those caused by force majeure, particularly related to sudden increases in migrant numbers. It will also apply to situations where third countries or non-state hostile entities exploit migrants to destabilize the Union.

  • Screening regulation:

Establishes a pre-entry screening procedure for persons crossing the border illegally. It will be conducted within 7 days and will include identification, biometric data collection, and health and security checks.

  • Asylum regulation:

It harmonizes the procedure for granting and withdrawing international protection across the EU.

  • Eurodac regulation:

It envisages reforming the database storing data of persons illegally entering the EU, including fingerprints and facial images of persons over 6 years of age. Data may be supplemented with information on whether a person may pose a security threat or has been aggressive or armed.

  • Qualification regulation:

Procedures for recognizing refugee status or status as a person in need of subsidiary protection will be harmonized within the EU. It clarifies the rights of qualifying individuals. Information will be assessed based on data from the European Asylum Support Office, and refugee status will be subject to regular review. Persons seeking protection must remain in the Member State considering their application or where protection has been granted.

  • Directive on reception conditions:

Member States will be required to ensure equivalent standards for receiving asylum seekers, particularly regarding accommodation, education, and healthcare. Asylum seekers can start working no later than six months after submitting their application. The regulation also limits the freedom of movement of asylum seekers to prevent further movement within the Union.

  • Frameworks for resettlement and humanitarian admission:

They allow Member States to admit UN-recognized refugees from third countries, and the travel of such persons to the EU should be legal, organized, and safe.

Migration Pact – Since When?

The regulations comprising the Migration and Asylum Pact are intended to apply to Member States from 2026 onwards.