Reforming the Common European Asylum System
The EU has overhauled its asylum and migration system to make sure EU countries help each other when dealing with migratory pressure.
In recent years, people have been fleeing to Europe in large numbers from conflict, terror and persecution in their own countries. In 2022, EU countries received 966,000 asylum applications - almost double the number in 2021. In 2023, irregular crossings reached more than 380,000, the highest number recorded since 2016.
The EU decided to reform its Common European Asylum System (CEAS) to ensure that all EU countries contribute to asylum management.
More solidarity in the EU with the new asylum and migration management regulation
The procedure for seeking refugee status in the EU was previously determined by the Dublin regulation. The general rule under this regulation was that the country responsible for processing asylum claims was the first EU country a migrant enters.
Overhauling the Dublin regulation
The system according to the Dublin regulation, dating back to 2003, aimed at identifying a single EU country responsible for handling an asylum application. However, when the number of asylum seekers entering the EU soared in 2015, countries such as Greece and Italy began to struggle to accommodate all applicants. Parliament had been calling for an overhaul of the Dublin system since 2009.
In September 2020, the Commission proposed a New Pact on Migration and Asylum, which sets out improved and faster procedures throughout the EU’s asylum and migration system.
The New Pact on Asylum and Migration
The new pact focuses heavily on an improved border management and asylum procedures for people requesting asylum at the border, as well as a new compulsory pre-entry screening to speed up the processing of applications.
A core pillar of the pact is the need for all EU countries to show solidarity to those countries receiving high numbers of migrants. The system encourages flexible contributions from EU countries, ranging from the relocation of asylum seekers from the country of first entry to financial contributions, as well as operational and technical support.
In February 2024, Parliament and EU countries agreed on the final text of the legislative files making up the new pact on migration and asylum, establishing new rules on the management of asylum and migration flows. After the complete package was adopted in April 2024, EU countries have two years to adopt the new system into their national laws.
The new asylum and migration management regulation
Among this new set of rules is the Regulation on Asylum and Migration Management, which replaces the Dublin regulation and focuses on the principle of solidarity among EU countries.
EU countries will have a choice to support other EU countries facing migratory pressure either by committing to taking and processing some of the migrants, by offering financial contributions, or by providing operational and technical support when needed. Each EU country is free to choose the types of contribution they wish to give.
The European Commission will prepare an annual report on asylum, reception and the overall migratory situation, which will be used to decide the EU’s response to migration.
The new rules also encourage cooperation with non-EU countries to address the causes of irregular migration and forced displacement. This cooperation should be based on human rights and respect the EU’s common values.
In December 2023, the Commission adopted an agreement with Tunisia to help curtail irregular migration while respecting human rights. In March 2024, the Commission signed a similar agreement with Egypt.
Granting safe access to the EU: the creation of an EU Resettlement Framework
Resettlement is the transfer, following a proposal from the UNHCR, of aon-EU nationals in need of international protection from a non-EU country to an EU country, where they are permitted to reside as a refugee. It is one of the preferred options for granting safe and lawful access to the European Union for refugees.
In order to ensure a durable solution to the issue of migration, Parliament has underlined the need for a permanent and mandatory EU resettlement programme.
In April 2024, Parliament formally approved the rules of an EU Resettlement Framework, with the aim of replacing the existing ad-hoc schemes and leading to a more streamlined EU policy.
The framework will see EU countries voluntarily resettling vulnerable refugees staying in non-EU countries. These people will be given the opportunity to reach the EU in a legal, organised and safe way. A two-year EU resettlement and humanitarian admission plan, setting out the maximum total number of people to be admitted and the contribution of EU countries, will be adopted by the Council.
Eurodac: upgrading the finger printing database
Eurodac is a large-scale IT system that helps with the management of asylum applications by storing and processing the digitalised fingerprints of asylum applicants and irregular migrants.
Asylum seekers over the age of 14 must be fingerprinted when lodging their application anywhere in the EU. Their fingerprints are transmitted to the Eurodac central database, where they can be compared to existing records.
In December 2023, the European Parliament and EU governments reached a provisional agreement on a reform of Eurodac, which expanded the scope of the system:
- more data will be collected, including facial images
- non-EU nationals staying irregularly in the EU without seeking asylum will be added
- data will be collected for everyone over the age of six rather than 14
The changes allow for improved control and detection of unauthorised movements in the EU and help identify individuals who could present a security threat.
The agreement was formally adopted by Parliament in April 2024.
Ensuring greater uniformity of the application of asylum rules
Grounds for granting asylum
The qualification regulation aims to clarify the grounds for granting asylum and to ensure that asylum seekers face equal treatment regardless of the EU country in which they file their request.
Parliament and the Council reached a provisional agreement on the rules in December 2022. According to the agreement, protection should be granted only for as long as the refugee is under threat, and recognised refugees should get a minimum three-year renewable residence permit. Their movements would be restricted to the country handling their application.
The agreement was formally adopted by Parliament in April 2024.
Reception conditions
The reform of the Reception Conditions Directive aimed to ensure that asylum seekers benefit from harmonised material reception standards (housing, access to the labour market etc.) across the EU as well as to discourage secondary movements.
Under deal which was formally adopted by Parliament in April 2024, registered asylum applicants will be allowed to work no later than six months after requesting asylum. They will also get access to language courses, civic education or vocational training. All children requesting asylum should be enrolled in school at the latest two months after arrival and unaccompanied minors will have a guardian appointed to them.
The new rules should discourage applicants from moving around the EU after their registration by restricting their access to reception conditions to the country handling their application and limiting the provisions of travel documents. National authorities may also restrict the presence of the asylum applicant to specific areas.
Detention of asylum applicants will still be possible, but only under exceptional circumstances under a court order and for as short a period as possible.
EU agency for asylum
On 11 November 2021, the Parliament backed the transformation of the European Asylum Support Office (EASO) into the EU Agency for Asylum, following an agreement with the Council. As of January 2022, the revamped agency helps make asylum procedures in EU countries more uniform and faster. Its 500 experts should provide better support to national asylum systems facing a high caseload, making the overall EU migration management system more efficient and sustainable.
In addition, the new agency is in charge of monitoring whether fundamental rights are being respected in the context of international protection procedures and reception conditions in member states. It also helps in the cooperation between EU and non-EU countries.
EU funds for asylum
In a resolution adopted in July 2021, Parliament approved the renewed Asylum, Migration and Integration Fund (AMIF) budget for 2021-2027, which will increase to €9.88 billion. The new fund should contribute to strengthening the common asylum policy, develop legal migration, in line with member state needs, support the integration of third-country nationals, and contribute to the fight against irregular migration. The funds should also serve to push EU countries to share the responsibility of hosting refugees and asylum seekers more fairly.
Members also backed the creation of a new Integrated Border Management Fund (IBMF) and agreed to allocate €6.24 billion to it. The IBMF should help to increase EU countries’ capacities in border management while ensuring fundamental rights are respected. It will also contribute to a common, harmonised visa policy and introduce protective measures for vulnerable people arriving in Europe, notably unaccompanied children.
Read more on the EU’s work on migration
- Returning migrants: facts and figures and EU policy (infographics)
- Labour migration: better legal avenues to work in the EU
This article was last updated in April 2024
