EU Migration Pact Implementation Challenging and Uneven, ECRE Reports Two Days Before Application

The EU Pact on Migration and Asylum, set to apply in two days, restricts asylum access, lowers fundamental rights guarantees, and keeps people at external borders. The European Council on Refugees and Exiles (ECRE) views this as a result of politically expedient choices that ignored operational practice, past reforms, and NGO insights. The Pact's complex regulations allow for divergent interpretations by EU member states, impeding harmonious application and potentially confusing those affected.

Many member states are selectively implementing the Pact, focusing on punitive measures beyond requirements, such as detention, while neglecting fundamental rights and safeguards like child guarantees or vulnerability assessments. ECRE confirms that implementation is proving challenging and uneven across Europe, though a final assessment is premature.

Initial observations by ECRE highlight several issues. The screening process, often conducted by police or border guards, lacks expertise for vulnerability identification. Insufficient staff have been recruited or trained for new procedures and safeguards. Legal counselling lacks a clear definition, leading to variations in understanding and organization, and questions about funding and potential conflicts of interest. Critical issues persist regarding the quality and quantity of reception places. The right to appeal is limited in several situations, including screening outcomes, with accelerated procedures and lack of automatic suspensive effect posing removal risks. Finally, independent monitoring mechanisms have been delayed in every member state, excluding civil society organizations and hindering oversight as screening and border procedures come into effect.