New EU pact on migrants: here’s how it works in 10 questions and answers

What does the new “Fast Procedure” consist of?

Migrants who come from countries that have a low percentage of accepted asylum requests (20%) will be channeled into the new “Rapid Procedure” – so that everyone still has the possibility of obtaining international protection – and will be hosted in reception centres. special stays without formally having access to the community territory. The application in this case must be processed within three months. Anyone who is not entitled to asylum will have to be repatriated within another three months. From the procedure will be excluded families with children (unless there is adequate capacity in the centres) and unaccompanied minors (unless they pose a security risk). The capacity is currently set at 30 thousand places per year, therefore capable of treating up to 120 thousand people.

What does “obligatory solidarity” consist of?

The Pact introduces a standard quota of 30 thousand relocations per year. But member states will be able to contribute with financial measures (20 thousand euros per migrant; the amount is determined on the basis of two variables: population and gross domestic product) or other measures, such as taking charge of the repatriation of a migrant. In the event of a crisis, a possible temporary derogation from the standard asylum procedures is foreseen and the Commission will be able to intervene to ensure that the countries in question are further supported. There is 600 million in funding per year on offer, from which states subject to greater migratory pressure can benefit.

Are there any sanctions for non-solidarity countries?

No. Sources in the European Parliament explain that this is legislation, so there are no specific sanctions for a country that does not comply with it. There is, as with any European legislation, the EC infringement procedure, which also includes sanctions in the event of non-compliance, non-receipt or violation (examples). As always, it is the national and European courts that will have to enforce the new laws. Appeals will be possible as for any national and EU legislation, especially – conclude the sources consulted – as these are mostly regulations that do not require further legislative measures to be applied. Furthermore, the new agreement leaves the responsibility for repatriations to the countries of first arrival.

When is refugee status recognized?

Member States will have the task of assessing the situation in the country of origin on the basis of data provided by the EU Asylum Agency. Once granted, refugee status will be subject to regular checks. Anyone who has requested protection will have to remain in the territory of the Member State responsible for examining the application or of the State which granted protection.

What happens in the event of strong migratory pressure towards only one or more countries?

In the event of a crisis, as happened for example in 2015, a possible temporary derogation from the standard asylum procedures is foreseen and the European Commission will be able to intervene to ensure that the countries in question are further supported.