A common asylum procedure

Streamlining of asylum procedure

In order to harmonise EU asylum procedures, the amended regulation will replace the asylum procedure directive. Among other things, the revised rules:

introduce mandatory border procedures to quickly assess at the EU’s external borders whether applications are unfounded or inadmissible
set standards for the rights and obligations of asylum seekers
prevent abuse of the system by outlining clear procedures

Border procedure

The asylum procedure regulation introduces a mandatory border procedure for certain categories of applicants, with the aim of making a quick assessment at the EU’s external borders of whether applications are unfounded or inadmissible.

Persons subject to the asylum border procedure are not authorised to enter the member state’s territory.

Key aspects of the border procedure:

It introduces a mandatory border procedure for persons who pose a security risk, who mislead the authorities by providing false information or withhold information, or who are coming from countries with a low recognition rate.

It establishes an adequate capacity in each member state, in terms of reception and human resources, for examining at any given moment a specified number of applications as part of the border procedure. At EU level this adequate capacity has been set at 30 000.

The adequate capacity of each member state will be established on the basis of a formula which takes account of:

the number of irregular border crossings
search and rescue arrivals
refusals of entry over a three-year period

Further key aspects of the border procedure are:

It introduces a prioritisation system to prioritise who should be subject to the border procedure, i.e. applicants who have higher prospects of being returned, who pose a security risk or who are not minors or family members. When the border procedure is applied to the latter category, priority should be given to the examination of their applications.

It also foresees exceptions to the border procedure, for example for minors who do not pose a security risk or where the necessary support cannot be provided to applicants with special reception or procedural needs.

And finally it obliges member states to establish a mechanism to monitor fundamental rights in relation to the border procedure.

Rights and obligations of asylum seekers

The reformed APR not only streamlines the procedural arrangements but also sets standards for the rights and obligations of asylum seekers, such as:

procedural guarantees safeguarding the rights of applicants, by, among other things, providing them with adequate and timely information, allowing them to heard in a personal interview and to have access to interpretation
the right to free legal counselling for all applicants during the administrative procedure as well as to free legal assistance and representation during the appeal procedure
more attention to vulnerable individuals with special procedural needs, such as unaccompanied minors

procedural guarantees

free legal counselling

more attention to vulnerable individuals

Safe country concepts

The asylum procedure regulation also sets out harmonised rules for establishing safe countries, i.e. countries which generally do not generate protection needs, or where asylum seekers are not in danger. Whether a third country ensures effective protection depends on criteria such as:

the right to remain on the territory of the third country
access to means of subsistence sufficient to maintain an adequate standard of living with regard to the overall situation of the third country
access to health care and essential treatment for illnesses under the conditions generally provided for in the third country
education under the conditions generally provided for in the third country
effective protection remaining available until a lasting solution can be found

Work on the migration and asylum pact

On 20 December 2023, the Council and the European Parliament reached a deal on this important legislation outlining the procedures to be followed, as well as many other files in the migration and asylum pact.

On 8 February 2024, EU member states' representatives endorsed the deal reached in December as well as three laws which were agreed between the Council and the Parliament in 2022.

A return border regulation was also approved which allows the pact to apply to those European countries with differing Schengen rules.

The Council adopted the EU's pact on migration and asylum on 14 May 2024.