Why should asylum policy in the EU be reformed?
Intensive work has been underway on a reform since 2015 and 2016. At that time, countries in southern Europe such as Greece were overwhelmed by the large number of people arriving from countries such as Syria. Hundreds of thousands came to other EU countries unregistered. This actually shouldn’t have happened because, according to the so-called Dublin Regulation, asylum seekers should be registered where they first entered the European Union.
How should it work in the future when refugees arrive at an EU external border?
The reform provides for uniform border procedures at the external borders. In particular, there are plans to deal much more harshly with people from countries that are considered relatively safe. Until a decision on the asylum application is made, people should be able to be accommodated in detention camps under prison-like conditions for up to twelve weeks.
People who come from a country with a recognition rate of less than 20 percent, as well as those who are considered a threat to public safety, will in future have to go through such a border procedure. According to the plan, arriving people can be registered with fingerprints and photos, also to check whether they pose a threat to public safety.
What happens when a particularly large number of asylum seekers arrive?
If there is a particularly strong increase in migration, the standard asylum procedures could be deviated from using the so-called crisis regulation. For example, the period during which people can be held in prison-like conditions can be extended. In addition, the circle of those eligible for the planned strict border procedures could be expanded. This would then apply to people from countries of origin with a recognition rate of a maximum of 50 percent.
Are families with children exempt from border procedures?
No, even though Germany had called for families with children to be exempt from border procedures for humanitarian reasons. However, this central aim failed. Only unaccompanied minor refugees are an exception.
How will the refugees then be distributed?
According to the plans, the distribution of those seeking protection among the EU states will be reorganized using a “solidarity mechanism”: If the countries do not want to accept refugees, they must provide support, for example in the form of monetary payments.
When should the new law apply?
The agreement still needs to be confirmed by the EU states. This is usually a formality. The member states have reportedly agreed on a two-year implementation period. This should give the states at the external borders enough time to create appropriate facilities to accommodate people from states with a recognition rate of less than 20 percent.
EU Interior Commissioner Ylva Johansson assured that the member states were trying to move quickly. “Some of the member states have already more or less started implementing it.”
What does this mean for the individual EU countries?
The situation in Germany will not change in the short term. It will be years before the now politically agreed regulations are put into practice. Legal, practical, technical and other adjustments are often necessary.
Could the reform reduce the number of refugees?
Yes, because some of those seeking protection will then be sent back directly from the external borders, and the stricter rules could have a deterrent effect.
Is reform definitely coming?
The vote on the individual regulations that ultimately form the reform is actually considered a formality in Parliament, as negotiators from the member states and Parliament negotiated the compromise in December. However, many MPs are dissatisfied with it. According to German MEP and Green Party migration expert Erik Marquardt, the European Greens do not want to agree to all regulations.
The pact is too strict for the Austrian Greens. Too mild for the FPÖ. According to Monika Vana, head of the Austrian Greens’ delegation in the European Parliament, the legal texts “mark a step backwards for the rights of refugees and asylum seekers. On the other hand, FPÖ delegation leader Harald Vilimsky criticized: “The EU migration pact will do exactly nothing to change mass immigration into the EU.”
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