The New Migration and Asylum Pact of the European Union (EU), which entered into full force on June 12, 2026, represents the most comprehensive reform of the European Common Asylum System in recent years. [i] the Pact, which was adopted in 2024 and consists of ten binding legal Decrees, aims at the management of the EU’s external borders, the evaluation of asylum applications, the implementation of repatriation mechanisms and the reorganization of the solidarity system between the member states. However, the Pact is considered not only as a technical reform aimed at controlling irregular migration more effectively, but also as an important indicator of the EU’s orientation towards security-centered migration policies.
One of the most significant changes brought about by the pact is the new screening and border asylum procedure to be implemented at the EU external borders. People who reach EU territory without valid entry permits will be subjected to a pre-screening process that includes identification, security check, medical examination and vulnerability assessment. As a result of this process, especially citizens of countries with an acceptance rate of 20% or lower throughout the EU will be able to be referred to the expedited border procedure. The main purpose of this application is to be able to quickly Decipher between people who need international protection and applications that are assessed as having a low need for protection. However, concluding applications within a short timeframe carries the risk of not being able to adequately examine the individual circumstances of refugees. This may lead to a weakening of the principle of individual assessment, which is one of the basic principles of the Geneva Convention of 1951 and international refugee law.
One of the most criticized aspects of the pact is the possibility of expanding detention practices and the approach described as “the fiction of no legal entry.” Within the scope of this regulation, even if a person is actually located within the borders of an EU member state, he is not considered to have entered the country legally as long as screening and border procedures are ongoing. This legal fiction provides states with the opportunity to restrict individuals’ freedom of movement and detain them for longer periods in border regions. As a result, human rights-based concerns arise, in particular, prolonged administrative detention, restriction of access to legal assistance and weakening of the right to effective recourse.
Another important dimension of the pact is the broader application of the concepts of “safe country of origin” and “safe third country”. Under the new system, asylum applications from citizens of countries deemed safe will be subject to expedited procedures. In addition, it has been paved the way for EU member states to be able to direct asylum seekers to third countries where they did not have previous connections. This approach is considered as an externalization policy that makes it easier for the EU to transfer the responsibility for migration management to countries outside its borders. Although this method aims to reduce irregular migration movements and relieve pressure on asylum systems, it increases the risk of violation of the principle of non-refoulement due to the lack of protection standards at the EU level in third countries.
The Crisis and Force Majeure Regulation adopted under the new Pact also grants member states broader powers in extraordinary situations. In the case of mass migration movements, the use of migration as a political tool by third states, or extraordinary circumstances such as natural disasters and epidemics, member states will be able to “temporarily” step outside normal asylum procedures. Within this framework, the registration of asylum applications may be delayed, the scope of border procedures may be expanded, and the period of detention of persons in border areas may be extended. Although this mechanism aims to provide flexibility to states in times of crisis, it brings with it the risk that extraordinary measures will become permanent and fundamental rights will be restricted to a wider extent.
One of the key issues that the pact aims to address is the fair sharing of asylum responsibility within the EU. For this purpose, a new mandatory solidarity mechanism has been established. Member states will be able to help countries under migration pressure by resettling asylum seekers, providing financial contributions or offering operational support. However, the Pact preserves the first-entry country criterion, which is one of the fundamental elements of the existing system. Accordingly, countries located on the external borders of the EU, such as Greece, Italy and Spain, will continue to bear the main responsibility for evaluating asylum applications. Therefore, there are significant criticisms that the new solidarity mechanism does not completely eliminate the structural inequality of responsibility within the EU.
The pact does not consist solely of restrictive regulations. Some positive changes, particularly regarding the protection of children, are noteworthy. Decertification of multidisciplinary age assessments, ensuring access of unaccompanied children to the normal asylum procedure and access to education for children within two months at the latest are among these reforms. In addition, the evaluation of family ties formed during the migration journey within the scope of family reunification and the reduction of the period of access to the right to work for adult asylum applicants from nine months to six months can be considered as arrangements aimed at strengthening the international protection system. In addition, mechanisms have also been established to identify groups in need of special protection earlier, such as persons with disabilities, victims of human trafficking, victims of torture and persons subjected to gender-based violence.
Overall, the EU New Migration and Asylum Pact reflects a security and control-oriented transformation in Europe’s migration management. On the one hand, the pact aims to make border management faster and more predictable, to control irregular migration movements and to increase cooperation between member states. Dec. On the other hand, elements such as the spread of accelerated procedures, the increase of detention practices, the expansion of the safe third country approach and the externalization of borders lead to serious discussions in terms of international refugee law and human rights standards. As a result, the impact of the Pact on the EU asylum system will largely depend on the practices of member states, the effectiveness of independent supervisory mechanisms and the capacity of EU institutions to establish a fair balance between border security and the right to asylum.
[i] Human Rights Watch. “Questions and Answers: The EU Pact on Migration and Asylum”, Human Rights Watch, https://www.hrw.org/news/2026/06/10/questions-and-answers-the-eu-pact-on-migration-and-asylum, (Date of Access: 21.06.2026).
