One Year On From the New Pact
- Europe Must Act
- 2 days ago
- 3 min read
The New Pact on Migration and Asylum was signed in the European Union (EU) on April 10, 2024. It introduces or updates regulations which, in contrast with other former directives from the EU, will be directly incorporated into the legal systems of the 27 Member States.
What does the New EU Pact mean for people on the move?
The 2024 EU Pact establishes and regulates the loss of freedom and rights for people reaching Europe, through systematic practices of detention, classification and deportation. In practical terms, it will involve a notable increase in the suffering of people who are on the move, and in search of asylum.
It systematises and arranges the recollection of biometric data and the production of personal profiles.
It establishes an asylum application system that normalises the detention of people at the border, keeping applicants away from European populations.
It relies on a notion of ‘solidarity’ to which European governments have accustomed us, where attention to asylum applicants is conceived as a disturbing burden to be shared, rather than a personal need or a human right.
It regulates what State should be in charge of each asylum application, giving priority to the country of residence of relatives (if that be the case) or the first country of entry to the EU. In practical terms, this means that countries at the edge of Europe will be in charge of attending applications, thus limiting options for relocation and adequate juridical support to applicants.
The Pact introduces the notions of “crisis”, “force majeure” and “instrumentalization”
A “crisis” consists of a massive arrival of persons, which might block or collapse State systems for border control;
“Force majeure” would be unpredicted circumstances beyond the control of a State (such as an epidemic or an environmental disaster);
“Instrumentalisation” refers to actions by third nations to facilitate the entry of foreigners into the EU (such as the actions recently exerted by Belarus on Poland).
These three notions problematise asylum, treating it as a threat rather than a resource.
The exceptional situations of “crisis”, “force majeure” or “instrumentalisation” may justify decisions of ‘solidarity’ with countries subjected to them, thus authorising the transference of asylum applicants across countries. But the main use of these categories is to justify the detention or rejection of people, prioritizing reasons of State or transitory situations over the right to asylum and freedom of movement. At the same time, the New Pact on Migration and Asylum makes detention the norm and externalises control to third countries considered ‘safe’ (including Turkey or Morocco).
The application of the Pact is already provoking an alarming increase in practices of mistreatment, rejection and expulsion. The recent fall of the regime of Al Assad in Syria generated, almost automatically, a wave of State regulations to pause asylum applications from that country, as well as strategies to induce Syrian refugees to ‘voluntary return’. Deportations from Germany are normalised and increasing. Activists supporting refugees at the edge of the Eastern external borders (Bulgaria, Greece) report that criteria to admit people in residential centres are becoming stricter and asylum applicants in detention are subjected to pressure, threats and mistreatment to force them to sign ‘voluntary’ returns. Relying on agreements linked to the Pact, governments are articulating measures to speed up the rejection of asylum applications (see here for Bulgaria) or to remove international protection or asylum from people who have already achieved it.
What can you do?
One year after the adoption of the New Pact on Migration and Asylum, its implementation is already deepening the restrictions and hardships faced by people on the move. However, there is still room for action. Civil society organisations, legal advocates, and human rights defenders must continue to monitor and challenge violations, ensuring that international protection remains accessible. Advocacy at local, national and EU levels is crucial to push for humane migration policies that respect fundamental rights. Public awareness and grassroots mobilisation can also apply pressure on governments to uphold their obligations. The fight for fair and just asylum policies is ongoing, and collective action remains our most powerful tool.
Wondering where to start?
Here are some accessible ideas:
Write to your European Member of parliament.
Volunteer or connect with a local human rights organisation.
Join Europe Must Act and help us continue to raise awareness and advocate for the rights of people on the move.
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