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Themigration and asylum policy of the European Union is within thearea of freedom, security and justice, established to develop and harmoniseprinciples and measures used by member countries of theEuropean Union to regulatemigration processes and to manage issues concerningasylum andrefugee status in theEuropean Union.
The European Union gained authority to legislate in the area of migration and asylum with the entry into force of theTreaty of Amsterdam on 1 May 1999. At theEuropean Council meeting held inTampere in October 1999, several legislative instruments instituting aCommon European Asylum System (CEAS) were proposed. Central to these instruments was adoption of the Dublin II Regulation, a recast of theDublin Convention. This was an intergovernmental treaty agreed in 1990 outside of the structure of the European Union. By 2005, all legislative instruments of the first phase had been adopted.[1]
Following the presentation of the Policy Plan on Asylum by theEuropean Commission in June 2008, the legislative instruments of the first phase were reformed. The adoption of the recast directives and regulations was completed by 2013. The second phase also saw the institution of aEuropean Asylum Support Office.[1]
Between May and July 2016, the European Commission proposed legislation for a third phase of the Common European Asylum System. This came in the wake of the2015 European migrant crisis. In September 2020, these reforms were made part of newly proposed Pact on Migration and Asylum. As of September 2023, the legislative instruments were in various stages of adoption.[1]
The Dublin III Regulation is to be replaced by anAsylum and Migration Management Regulation (AMMR), as part of the third phase of the Common European Asylum System. The Justice and Home AffairsCouncil reached agreement on a negotiating position towards theEuropean Parliament on 8 June 2023, with implementation in 2024.
Key to the Asylum and Migration Management Regulation is the institution of a new solidarity mechanism between the member states. Solidarity can take the form of relocation of migrants, financial contributions, deployment of personnel, or measures focusing on capacity building. Solidarity will be mandatory for member states, but the form of solidarity is at the discretion of the member states themselves. Per relocation, member states can instead make a financial contribution of €20.000.
Migration policy of the European Union has its roots in the1951 Convention Relating to the Status of Refugees,[2] an agreement founded on Article 14 of theUniversal Declaration of Human Rights.[3] The current legal bases for the EU's creation of a harmonised legislative framework on asylum are found in theTreaty on the Functioning of the European Union[4] and the EU Charter of Fundamental Rights.[5]
The EU complies with the1951 Convention relating to the Status of Refugees, which is the main legislative act establishing the status and rights of refugees. According to the key provisions of the legal act, the main apparatus in the regulation of situations with refugees is the government. They are obliged to preserve the rights and freedoms of internally displaced persons and refugees, and at the same time monitor the creation of such a legal provision that is used by allforeigners who have arrived in a foreign country on a common basis[6]
In order to regulate and control the high number ofmigrants as a result of themigration crisis in 2015, theEU annually directs its efforts to develop an effective European migration policy.[7] One of the main principles of migration policy is the principle of solidarity, which is expressed in respect for natural human rights, in the coordination of political and social forces in solving the migration issue.[8] The creation of a migration policy and its functioning is based on the collection ofdata about the current state of affairs, in particular statistics on the number of legal and illegalmigrants who have crossed the borders of theEuropean Union. Despite the fact that migration policy is internally determined, it also serves as an international regulator because it is related to crossing state borders. Accordingly, events at the international level directly affect the development of this type of policy.[9]
In 2020, theEuropean Commission, at the request of theEuropean Parliament, proposed a series of reforms to the existing system through a comprehensive approach anchored on three mainstays: 1) Efficient asylum and return procedures, 2) Solidarity and fair share of responsibility, and 3) Strengthened partnerships with third countries.
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The New Pact on Migration and Asylum, also known as the EU Migration Pact[11][12] or the EU Asylum and Migration Pact,[13][14] is a set of newEuropean Union rules concerningmigration set to take effect in June 2026.[15] It will compel member states to more evenly share the cost and efforts of hosting migrants and reform European Unionasylum andborder security procedures, among other provisions.[16][17]
The deal was agreed to on 20 December 2023 between representatives of theEuropean Parliament and theCouncil of the European Union.[16][18] It passed the European Parliament on 10 April 2024[19][20] and was approved by the Council of the European Union on 14 May 2024.[21][22]
Countries where migrants first arrive will newly be able to relocate a total of up to 30,000 migrants per year to other EU member states. The Pact will institute a "mandatory solidarity mechanism".[15] The Pact has been criticized by some right-wing politicians for not going far enough to prevent illegal immigration, such as missing provisions relating tomigrant returns.[23] Slovak Prime MinisterRobert Fico called for a better return policy,[24] saying that out of "100% of illegal migrants who arrive in Europe, 80% stay there, and only 20% we manage to get back."[25]
A group of human rights organizations includingOxfam,Caritas,Amnesty International, andSave the Children have criticised the deal in an open letter stating that it would create a "cruel system".[26] More than 200 academics belonging to 66 predominantly European universities have called the pact "inhumane" and demanded that the European Parliament and the council to reconsider how they view the pact.[27][28]
The pact resulted in the following legislation:[29]
Since 1999, refugees entering Europe have been subject to the laws in place in accordance with the Common European Asylum System (CEAS). These laws were established to prohibit European Union Member States from sending individuals back to where they came from at risk of persecution, and to offer international protection to those who were granted refugee status through the course of the law. The latter, however, is still left up to EU Member States the discretion to establish procedures for obtaining and withdrawing international protection.[40]
The Asylum Procedures Directive (APD) establishes a common international protection procedure.[41]
The original Asylum Procedures Directive was adopted on 1 December 2005. A recast version of the directive was adopted on 26 June 2013, as part of the second phase of CEAS.
As part of the third phase of CEAS, the Asylum Procedures Directive is to be replaced by an Asylum Procedure Regulation (APR). The Justice and Home AffairsCouncil reached agreement on a negotiating position towards theEuropean Parliament on 8 June 2023.[42]
Key to the Asylum Procedure Regulation that is currently being negotiated with the European Parliament is the institution of a new border procedure. The border procedure can be applied when an individual applies for asylum at an external border crossing point, is apprehended in connection with an illegal border crossing, or is rescued as part of a search and rescue operation. Those subjected to the border procedure are treated as if they have not yet entered the territory of the member state.[43] The new border procedure will be mandatory for applicants who are a danger to national security or public order, who have misled the authorities, or who have a nationality with a recognition rate below 20%.[42]
The Receptions Conditions Directive (RCD) ensures equal standards of reception conditions throughout the EU.[44]
The original Reception Conditions Directive was adopted on 27 January 2003. A recast version of the directive was adopted on 26 June 2013, as part of the second phase of CEAS.
As part of the third phase of CEAS, the Reception Condition Directive is to be recast again.[45] The Justice and Home AffairsCouncil reached agreement on a negotiating position towards theEuropean Parliament on the recast directive on 20 December 2022.
The Qualification Directive refers to who qualifies for the different statuses.[46]
The original Qualification Directive was adopted on 29 April 2004. A recast directive was adopted on 13 December 2011 as part of the second phase of CEAS.
As part of the third phase of CEAS, the Qualification Directive is to be replaced by a Qualification Regulation.[47] The Justice and Home AffairsCouncil reached agreement on a negotiating position towards theEuropean Parliament on 20 December 2022.
The Dublin Regulation determines which member state is responsible for handling an asylum application.[48]
The original Dublin Regulation was adopted on 27 January 2003, as part of the first phase of CEAS. As it replaced the Dublin Convention of 1990, which was agreed outside of the structures of the European Union, this regulation was actually referred to as the Dublin II Regulation.
As part of the second phase of CEAS, the Dublin III Regulation was adopted on 26 June 2013.
As part of the third phase of CEAS, the Dublin III Regulation is to be replaced by the Asylum and Migration Management Regulation (AMMR). The Justice and Home AffairsCouncil reached agreement on a negotiating position towards theEuropean Parliament on 8 June 2023.[42]
Key to the Asylum and Migration Management Regulation is the institution of a new solidarity mechanism between the member states. Solidarity can take the form of relocation of migrants, financial contributions, deployment of personnel or measures focusing on capacity building. Solidarity will be mandatory for member states, but the form of solidarity is at the discretion of the member states themselves. Per relocation, member states can instead make a financial contribution of €20.000.[42]
The Eurodac Regulation establishes a database in which fingerprints can be collected, transmitted, and compared. It is central to the operation of the Dublin Regulation, which determines which member state is responsible for the handling of an asylum application.
Eurodac was established under EU law by Council Regulation 2725/2000 of 11 December 2000.[49] As part of the second phase of CEAS, a recast Eurodac Regulation was adopted on 16 June 2013.[50]
As part of the third phase of CEAS, another recast of the Eurodac Regulation was proposed by the European Commission on 4 May 2016.[51]
In 2001, during the first phase of CEAS, a Temporary Protection Directive, was also adopted. In the event of a mass influx of displaced persons from non-EU countries, this directive gives the European Union authority to provide immediate and temporary protection. This temporary protection is separate from the regular asylum offered by CEAS.
Following an unprecedented migrant influx, EASO in 2015 proposed a relocation programme that was agreed upon to support the 'frontline' Member States ofItaly andGreece, who were under pressure.[52]
"After a proposal made by the Commission in May 2015, the Council adopted two decisions – (EU) 2015/1523 and (EU) 2015/1601 respectively – establishing a temporary relocation mechanism for 160 000 applicants in need of international protection from Greece and Italy, to be implemented over two years until September 2017."[52]
A permanent Union Resettlement Framework Regulation is being negotiated. The Justice and Home AffairsCouncil reached agreement on a negotiating position towards theEuropean Parliament on 20 December 2022.
The Commission proposed a Crisis and Force Majeure Regulation on 23 September 2020.[53] The Justice and Home Affairs Council of 28 September 2023 failed to reach agreement on a negotiating position towards the European Parliament. However, the Spanish presidency expressed confidence that a negotiating mandate could be reached shortly.[54]
The reforms implemented in the aftermath of the2015 European migrant crisis culminated in the creation of theEuropean Union Agency for Asylum[55] on 19 January 2022, which will promote greater convergence of the different member states asylum and reception practices and ensure that high EU-standards are the guide. The agency effectively replaced the European Asylum Support Office (EASO), which had been investigated by the European Anti-Fraud Office (OLAF) due to alleged misconduct and breaches of data protection amongst other charges.[56]
The European Union'sagency, titledEuropean Border and Coast Guard Agency, provides a reserve of European border guards and technical equipment.
The agency may purchase its own flagged vehicles. The Member States where this equipment is registered (bigger equipment such as patrol vessels, air crafts, etc.) are obliged to put it at the Agency's disposal whenever needed. This enables the Agency to rapidly deploy the necessary technical equipment in border operations. A rapid reserve pool of border guards and a technical equipment pool is at the disposal of the agency, intending to remove the shortages of staff and equipment for the Agency's operations.[citation needed] The Agency is able to launch joint operations, including the use ofdrones when necessary. TheEuropean Space Agency's earth observation systemCopernicus provides the new Agency with almost real time satellite surveillance capabilities alongside the currentEurosur border surveillance system.[citation needed]
Frontex regularly releases reports analyzing events related to border control, irregular border crossing and different forms of cross-border crime. The general task of assessing these risks has been laid out in Frontex founding regulation, according to which the agency shall "carry out risk analyses [...] in order to provide the Community and the Member States with adequate information to allow for appropriate measures to be taken or to tackle identified threats and risks with a view to improving the integrated management of external borders".[57] Frontex's key institution with respect to intelligence and risk assessment is its Risk Analysis Unit (RAU) and the Frontex Risk Analysis Network (FRAN), via which the Frontex staff is cooperating with security experts from the Member States.[citation needed]
The Asylum, Migration and Integration Fund is a funding programme managed by theDirectorate-General for Migration and Home Affairs of theEuropean Commission, which promotes the efficient management of migration flows and the implementation, strengthening and development of a common approach to asylum and immigration in the European Union.[58]
According to the text of the international instrument, the objectives of the Asylum, Migration and Integration Fund are listed in Article 3. These are:
In addition to providing funding for projects, the programme also funds the activities and future development of theEuropean Migration Network.
Based on the data published by UNHCR, as a result of hostilities inSyria, almost 22% of the country's population (with estimated of 4 million people) turned out to berefugees and internally displaced persons by the beginning of 2015.[59] At the same time as a results of newEU policies, in 2017 the number ofmigrants has decreased – during the first quarter of 2017, number ofimmigrants andrefugees accounted for 35% of their numbers of the first quarter of 2016. However, according to critics, the decline in migration occurred due to the fact that people emigrated in large number to Greece before the adoption of a new EU-Turkey agreement.[60]
As a result of the crisis, fears have been increasing among the EU population, including the fear ofIslamization through exerting pressure (politically or through acts ofIslamic terrorism) to impose social, moral, legal as well as cultural norms ofIslam at the expense of the local ones, but also the fear of a parallel society emerging along the indigenous one, in the form of turning entire neighborhoods into so-calledno-go areas resisting any forms of linguistic or cultural integration into the host society and attempting to replace the national law and its enforcement with some informal own legal norms enforced through militias.[61] Such sentiments have arisen not only due to existence of areas likeMolenbeek-Saint-Jean, but also due to a sharp increase in attacks attributed to jihadists in theEuropean Union (their number rose from four attacks in 2014 to seventeen in 2015, while the number of people killed increased from four to 150),[62] but also to some other events such as the2015–16 New Year's Eve sexual assaults in Germany which were unrelated to terrorism but nevertheless shocked the public as an open and widespread demonstration by Muslim refugees of disregard for European social norms, as did also attempts by some imams in Germany to excuse such behaviour and shift the blame to the victims instead, while the ensuing (and later exposed) concerted effort of the authorities and the media to cover up the events, their extent and the ethnicity of the perpetrators, seriously undermined public trust in reporting on ethnically sensitive topics in Germany and entire EU by the mainstream media.
As an obvious consequence, some politicians attempt to capitalize on these fears, or even reinforce them, by voicing opposition against reception of migrants, under the justification that the public security and protection of the state and its citizens againstIslamic terrorism in Europe must be given precedecence, but also due to economic, social, cultural and religious risk posed by uncontrolled migration. In some EU countries,right-wing extremists, previously marginalised but now reinvigorated, managed to enter the mainstream politics. On the other hand, the representatives of the European Commission and countries which support the adoption of migrants emphasize the need to fulfill international obligations, focusing on the priority of migrant security.
In September 2022, Finland, Poland, and theBaltic countries announced that they would not provide refuge toRussians fleeingwar mobilization during the invasion of Ukraine.[63] Estonian Prime MinisterKaja Kallas said that "Every citizen is responsible for the actions of their state, and citizens of Russia are no exception. Therefore, we do not give asylum to Russian men who flee their country. They should oppose the war."[64] As of 2024, France was the only EU country accepting Russiandeserters without a passport and allowing them to apply for asylum.[65]
Therefore, the EU's actions gradually shifted during the crisis towards surveillance and securitization, and the first step in this direction was terminating theOperation Mare Nostrum in 2014 and supplanting it with theOperation Triton.[66] By 2016, EU was alreadyexternalizing its border control through a 3 billion deal with Turkey. In 2017, the EU migration policy was tightened. At the summit held in Brussels on 19 October 2017, it was indicated that the approach of the EU Member States and institutions to ensure full control over the borders should be consolidated.[67] Since 2017, the humanitarian NGO's carrying outsearch and rescue (SAR) operations have become the object of a criminalization campaign on the part of EU member states, leading to the arrest of some ship captains, as well as to the seizure of most of their vessels, provoking international criticism and accusations towards the EU for dereliction of duty regarding SAR operations. As a consequence, the EU has been blamed for numerous deaths at sea by preventing humanitarian NGOs search and rescue efforts, thus allegedly contradicting its declarations of good will towards refugees and migrants.[68] Despite all the difficulties imposed on them, humanitarian NGOs continue to carry out SAR operations in the Mediterranean.
Another visible sign of the tightening of EU migration policy was the construction ofnumerous border barriers located primarily on the external borders of theSchengen Area.
Moreover, the conclusions of the European Council have indicated its readiness to respond and suppress any attempts to illegally cross the borders of EU Member States, e.g. through expulsion of asylum applicants into neighbouring countries such asUkraine,[69]Turkey or Russia, where the system to recognize refugee status is often faulty.Chachipe, aRoma rights organisation, has criticised EU asylum policy that denies Roma from theformer Yugoslavia asylum based on the "safe country of origin"[70] doctrine, as they face discrimination in their home countries.[71]
Human rights have increasingly collided recently with security measures, while the EU has struggled to reconcile both. The position of national states in relation to migrants who violate public order and impose their own way of life has been becoming tougher, resulting in an inevitable side effect for all migrants having their rights restricted in general. Moreover, pessimistic forecasts have sometimes been voiced that the applicability of these restrictions, currently limited to migrants, could be only a prelude to possible wider extension aiming to make the indigenous EU population also subjected to them in the future.
Following the severe deterioration inBelarus–European Union relations,Belarusian presidentAlexander Lukashenko threatened around 7 July 2021 to "flood" the EU withhuman traffickers,drug smugglers, andarmed migrants.[72] Later, Belarusian authorities and state-controlled tourist enterprises, together with some airlines operating in theMiddle East, started promoting tours to Belarus by increasing the number of connections from the Middle East and giving those who bought themBelarusian visas, ostensibly for hunting purposes. Social media groups were additionally offering fraudulent advice on the rules of crossing the border to the prospective migrants, most of whom were trying to reach Germany. Those who arrived in Belarus were then given instructions about how and where to trespass theEuropean Union (EU) border, and what to tell the border guards on the other side of the border. Migrants said that Belarus provided them with wire cutters and axes to cut through border fences and enter the EU;[73] however, those who did not manage to cross the border were often forced to stay there by Belarusian authorities, who were accused of assaulting some migrants who failed to get across. Belarusian authorities later confirmed that the involvement of the border troops is "absolutely possible".[74] Belarus refused to allow Polishhumanitarian aid for the migrants, which would have included tents and sleeping bags.[75]
Poland, Lithuania, and Latvia have described the crisis ashybrid warfare, calling the crisis an incident ofhuman trafficking of migrants, waged by Belarus against the EU.[76][77] The three governments declared a state of emergency and announced their decisions tobuild border walls on their borders with Belarus, with Poland approving an estimated€353 million in spending to build a 60 kilometres (37 mi) barrier.[78] The EU sent additional supporting officers and patrol cars to Lithuania,[79] and 12 EU governments stated their support for a physical barrier along the border.[80]
Similar actions, though on a smaller scale, were organised by Turkey against Greece during the2020 Greek–Turkish border crisis, as well as by Morocco against Spain during the2021 Morocco–Spain border incident.
In February 2016, Turkish presidentRecep Tayyip Erdoğan threatened tosend the millions of refugees in Turkey to EU member states,[81] saying: "We can open the doors to Greece and Bulgaria anytime and we can put the refugees on buses ... So how will you deal with refugees if you don't get a deal? Kill the refugees?"[82]
In March 2025, Poland suspended the right to apply for asylum at theBelarus-Poland border, with theEuropean Commission supporting Poland's move.[83]
The externalization of asylum procedures is a type of migration policy pursued by the countries of theEuropean Union, it consists of relocating the reception and accommodation of asylum seekers and the processing of their asylum applications, in places near the borders of the EU or in countries outside the EU, from which asylum seekers originate or through which they pass. After an attempted relocation of asylum procedures in centres on the boundaries of the EU, in 2003 these policies have resulted in a proliferation of exile camps in and around the European Union, a pressure on neighbouring countries to develop systems that consider applications for asylum in their territories, and a radicalisation of antimigratory policies in neighbouring countries and within the border of the European Union.[84]
The European Union has agreed aid packages with a number of countries in return for externalization or cooperation in preventing illegal immigration to the EU.
In the jargon of European institutions, asylum shopping is the practice of refugees wanting to choose a country other than that prescribed by the regulations to apply for political asylum, to choose the one which will offer the best reception conditions, or to lodge an application in another country after being dismissed. This expression is used to treat certain asylum seekers in analogy with consumers of welfare provisions[86][87]). Such definition appears in official documents, newspaper articles, analysis, etc. The main factor in refugees' choice for their host country is the differences in laws of different Member States; some states give refugee status to the majority of applicants, while others give it to fewer than 1%. In 2017 Maria Teresa Rivera became the first woman in the world granted asylum because of being wrongly jailed for disregarding a ban on abortion; she disregarded the ban inEl Salvador and was given asylum inSweden.[88]
Asylum shopping is practised by 12% of asylum seekers, according to formerEuropean Commissioner for JusticeFranco Frattini.[89] TheDublin Regulation has significantly reduced extent of this phenomenon. According to the Regulation, migrants are not able to choose the state from which they decided to apply forasylum. The regulation allows to apply for refugee status only from the country in which migrants enter first.[90] At the same time, if there is a desire to change the country, migrants will have to return to their original point of arrival.
Number of asylum applications in 2023[91]
| Country | Total number | Per million inhabitants[92] |
|---|---|---|
| Austria | 58,686 | 6,446 |
| Belgium | 35,248 | 2,999 |
| Bulgaria | 22,519 | 3,493 |
| Croatia | 1,747 | 454 |
| Cyprus | 11,731 | 12,741 |
| Czechia | 1,397 | 129 |
| Denmark | 2,427 | 409 |
| Estonia | 3,981 | 2,915 |
| Finland | 5,372 | 965 |
| France | 167,002 | 2,453 |
| Germany | 334,109 | 3,961 |
| Greece | 64,084 | 6,165 |
| Hungary | 31 | 8 |
| Ireland | 13,278 | 2,556 |
| Italy | 136,138 | 2,313 |
| Latvia | 1,701 | 903 |
| Lithuania | 575 | 201 |
| Luxembourg | 2,504 | 3,789 |
| Malta | 729 | 1,345 |
| Netherlands | 39,550 | 2,221 |
| Norway | 5,497 | 1,001 |
| Poland | 9,519 | 259 |
| Portugal | 1,998 | 191 |
| Romania | 10,132 | 532 |
| Slovakia | 416 | 77 |
| Slovenia | 7,261 | 3,430 |
| Spain | 162,439 | 3,380 |
| Sweden | 12,309 | 1,170 |
| Switzerland | 30,238 | 3,431 |
Neither the readmission system under the Dublin Regulation nor the temporary relocation mechanism for refugees according toquotas proved its worth in all countries of the European Union.
The effect of theDublin Regulation is a greater number of asylum applications in the border states (likeGreece,Slovakia,Poland orMalta). TheUNHCR asked theEuropean Union in 2008 to not return Iraqi asylum seekers toGreece.[93] Starting from 2015, many European countries unilaterally were closing their borders imprisoning people on the EU countries borders for additional investigations on their further moving intentions, thereby damaging the solidarity of theSchengen countries and violating theDublin Regulation, which determines the procedure for considering applications for international protection.[94]
In the autumn of 2015, the Czech Republic, together withHungary,Romania and Slovakia, voted against the compulsory admission of refugees assigned according to relocation quotas. Later, under pressure from EU neighbors, authorities nevertheless agreed to comply with EU requirements. The Czech Republic were supposed to accept 2000 asylum seekers but only accepted 12.[95] Spokesperson of the president of Czech RepublicMiloš Zeman commented that: "Our country simply cannot afford to riskterrorist attacks like those that occurred in France and Germany. By accepting migrants, we would create fertile ground for barbaric attacks".[96] In fact, Western Europe endured the period of the deadliest attacks: theNovember 2015 Paris attacks (130 killed), the July 2016Nice truck attack (86 killed), the June 2016Atatürk Airport attack (45 killed), the March 2016Brussels bombings (32 killed), while at the same time, the terrorist threat level in Poland was in 2015 zero, on its scale which has four levels plus the "zero level".[97]
According to statistics for 2017,Malta andLuxembourg accepted the maximum number of migrants among all EU countries with an average of 41-46 immigrants per 1000 population.[98] Meanwhile, theCzech Republic,Croatia,Bulgaria andSlovakia accepted less than 5 migrants per 1000 of population.
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Following the adoption of the 1985Schengen Agreement and the 1990Schengen Convention on the elimination of internal border controls of signatory states and their subsequent incorporation into the EU legislative framework by the 1997Amsterdam Treaty,[100] the EU set the objective of introducing "appropriate measures"[101] with respect to asylum in theAmsterdam Treaty, which required theCouncil of the European Union to adopt measures on asylum in accordance with theGeneva Convention and theProtocol Relating to the Status of Refugees[102] by 2004, five years after the Treaty of Amsterdam entered into force.
Refugee applications in EU countries have usually reflected conflicts occurring in other parts of the world. In the 1990s, refugees from theYugoslav Wars sought asylum in Europe in large numbers.[103] In the 2010s, millions fled to Europe from wars in Syria, Afghanistan and Iraq.More than 34,000 migrants and refugees have died trying to get to Europe since 1993, most often due to capsizing while trying to cross theMediterranean andAegean Seas.[104]
Ostensibly to fight against fraud, most European states have engaged in more restrictive policies in the 2000s.[105] For example, the United Kingdom passed theUK Borders Act 2007, theNetherlands passed the Aliens Act in April 2001, Italy passed the Bossi-Fini Act of July 2002, and France passed multiple different acts (such as the French Law of 24 July 2006 on immigration and integration and the French Law of 20 November 2007 on the control of immigration, integration and asylum). These measures have reduced the number of asylum seekers that are awarded the status of Refugee.[106]
As part of the adoption on first reading of fourcodecision acts, between 4 May 2009 and 7 May 2009, 7 MEPS voted on what was called anasylum package.[107] This included a proposed revision of the "reception" directive and another proposal to improve theDublin system. The commission also proposed to revise the regulations forEurodac (biometric database) and create aEuropean Asylum Support Office, partially financed by funds previously granted to theEuropean Refugee Fund, which would be responsible for assisting Member States in the management of asylum applications.[70] doctrine, as they face discrimination in their home countries.[71]
The2015 European migrant crisis, which brought with it over a million refugees escaping war, political instability, and poverty, accentuated the shortcomings of the existing system and made evident the need for reform. The unequal distribution of the bureaucratic burden amongst different member states produced situations that demonstrated that the CEAS, as it stood, was not sufficient or adequate.
Therefore, theEuropean Commission proposed a system of measures to improve the migration policy of theEuropean Union. A decision was made to strengthen the EU's presence in the world. This decision was reinforced by the Action Plan to CombatSmuggling of Migrants for 2015–2020:[108] it strengthen thestimulation oflaw enforcement and judicial activities, improved the collection and exchange of information onmigrants, and forfeited cooperation with non-EU countries to combat illegalmigration.EU enacted to block the migration route through theWestern Balkans and let inEurope only thosemigrants andrefugees, who will get there by legal routes originating inTurkey.[109] Thus, it was assumed that: the participating countries will forever stop the passage ofmigrants andrefugees through their territory; strict entry control will be introduced at the external borders of theEU;Greece will receive substantial financial assistance due to acceptance of a strong migration flow, as well as anagreement will be reached withAnkara thatTurkey will not allow illegalmigrants across its border toEurope and will receive backmigrants not allowed into the EU.[110][111] Decisions on themigration crisis are formulated in the final documents of theEuropean Council, adopted on 18, 7 and 18 February March 2016, which can be grouped in three major areas:[112][113][114]
Firstly, the EU has provided financial and expert support, to countries that have accepted the main migration flow, in particularGreece, which will facilitate the provision of humanitarian assistance to refugees, the observance of administrative procedures for border control and the processing of asylum requests in accordance with the rules EU. Reception centers are being set up, where newly arrived migrants will pass a quick check and will be divided into those whose asylum requests can be considered, and those for whom the further path is closed.[115] In addition, transit centers are organized to which candidates for asylum or other forms of international protection will be sent.
Secondly, the EU has concluded an agreement withTurkey, which clearly defines the rights and obligations of both parties in connection with the influx of refugees and migrants traveling through Turkey to Europe. According to this agreement, migrants who illegally arrived in Greece from Turkey will be sent back to Turkey, and Europe will accept migrants only on condition that their asylum requests are submitted and approved in Turkish territory. Also, the Turkish authorities from now are obliged to block the channels ofsmuggling and illegal transportation of people to Europe. Meanwhile, the EU gave the right to legal employment and education ofSyrian children in Turkish schools. In exchange, European leaders agreed to pay compensation of €3 billion to Turkey in 2016–2017, expedite the abolition of visas for Turkish citizens entering theSchengen zone, and resume the stalled negotiations on Turkey's accession to the EU[116][117]
Thirdly, in accordance with the obligation taken by all EU countries to return to compliance with the Schengen rules and establish strict border controls, additional resources were allocated to specialized services, including theEuropean Border and Coast Guard Agency (Frontex), as well as theEuropean Union Agency for Asylum (EUAA) managing theCommon European Asylum System (CEAS) for persons applying for asylum.[118]
In addition, on 22 September 2015, member states of the European Union decided to grant nationalquotas torefugees in Europe. This principle was developed with the aim of reducingmigration pressure in countries such asItaly andGreece. The resettlement ofrefugees in theSchengen Area took into account such economic anddemographic indicators asGDP, population,unemployment rate and the number of already consideredasylum applications in countries that are members of the European Union.[119]
The provisions of theNew Pact on Migration and Asylum apply to migrants caught illegally crossing anexternal EU border, such as those reaching the shores of Greece, Italy or Spain via theMediterranean Sea orAtlantic Ocean on boats provided by smugglers; estimated at 300,000 migrants in 2023.[21] Provisions do not apply to legal migrants to the EU (~3.5 million in 2023) and migrants who arrived legally but overstayed their visas (~700,000 in 2023).[21]
Rafał Gaweł fromPoland, who had been sentenced to two years' imprisonment for alleged financial fraud, was given political asylum inNorway on 30 September 2020 on the grounds of a lack of the possibility of afair trial, the lack of Polish authorities' control of extreme-right militias, and the criminal case against him appearing to constitute political persecution by Polish authorities.[120][121] The case is widely regarded in Poland as a Norwegian retaliation for granting the refugee status by the Polish authorities in 2017 to a Norwegian woman named Silje Garmo, on the grounds of her persecution by theNorwegian Child Welfare Services.
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