Although the content of the pact was discussed during three years (September 2020 until December 2023), the bulk of the negotiations took place at the end 2023 after the Council managed to adopt finally in June 2023 common positions on the proposals for the AMMR and for the Asylum Procedure Regulation. [...] One may wonder if the main goal of the legislator is not to ensure that the fingerprints of all persons will effectively be taken and introduced by border Member States in the Eurodac database leading to the application of the criterion of first entry. [...] As one can see, the adoption of the pact is not the end, not even the beginning of the end, but perhaps the end of the beginning as Churchill said. [...] The negative votes of Poland and Hungary and the abstentions of Slovakia and the Czech Republic in the Council when it adopted the instruments of the new pact on 14 May are not a good sign. [...] While the Commission proposal is “weak” in the sense described, the conclusions of the Forum fully pre-determine the substance of the Council decision.
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Table of Contents
- SESSION 1: UNPACKING THE PACT 4
- 1. Genealogy of and futurology on the pact on migration and asylum by Philippe De Bruycker 4
- 2. Secondary Movements: Lack of Progress as the Flipside of Meagre Solidarity by Daniel Thym 15
- SESSION 2: RESPONSIBILITY VERSUS SOLIDARITY 25
- 3. The new Solidarity Mechanism: the right “insurance scheme” for the CEAS? by Francesco Maiani 25
- 4. Responsibility-determination under the new Asylum and Migration Management Regulation: plus ça change… by Francesco Maiani 34
- 5. Funding the New Pact on Migration and Asylum: Symbolic Politics or Structural Shifts in the Policies’ Implementation Design? by Lilian Tsourdi 43
- SESSION 3: AT THE BORDER 51
- 6. Mix and Match. Detention, “De-Facto Detention” or just Restrictions of Freedom of Movement in the New Pact by Ulrike Brandl 51
- 7. EU Screening Regulation: closing gaps in border control while opening new protection challenges by Lyra Jakulevičienė 59
- 8. The Impact of the 2024 CEAS Reform on the EU’s Return System: Amending the Return Directive Through the Backdoor by Madalina Moraru and Carmen López Esquitino 67
- 9. Navigating the Labyrinth of Derogations: A Critical Look at the Crisis Regulation by Meltem Ineli Ciger 75
- SESSION 4: RULES FOR REFUGEES 86
- 10. The new EU Reception Conditions Directive: More welfare conditionality for asylum seekers by Lieneke Slingenberg 86
- 11. The Qualification Regulation: a mixed bag, inherited from 2016. by Boldizsár Nagy 96
- 12. Vulnerability in the New Pact: an empty promise to protect, or an operational concept? by Catherine Warin and Valeria Ilareva 104
- 13. Safe Third Countries: the Next ‘Battlefield’ by Daniel Thym 112
- 14. EU Pact Instruments on Asylum and Minimum Human Rights Standards by Elspeth Guild and Vasiliki Apatzidou 121
- SESSION 5: ASYLUM PROCEDURES 129
- 15. Harmonisation of types of asylum procedures: new Regulation, old dilemmas by Jens Vedsted-Hansen 129
- 16. The Asylum Procedure Regulation and the Erosion of Refugee’s Rights by Vincent Chetail and Mariana Ferolla Vallandro do Valle 137
- 17. The maze of legal support in the New Pact on Migration and Asylum by Barbara Mikołajczyk 145
- SESSION 6: TOOLS FOR CONTROL 153
- 18. The Transformation of Eurodac from an Asylum Tool into an Immigration Database by Niovi Vavoula 153
- 19. Instrumentalisation of Migrants: It is Necessary to Act, but How? by Iris Goldner Lang 160
- 20. Monitoring fundamental rights compliance in the context of screening and the asylum border procedure: putting bricks back into the EU house of rule of law? by Tamas Molnar 168
- MISCELLANEOUS 176
- 21. The Recast Single Permit Directive: Moving Forward, but Not on More Legal Migration Pathways by Tesseltje de Lange 176
- 22. Cooperation with third countries within the EU legislative reform on migration and asylum by Paula Garcia Andrade 184
- 23. The new EU Resettlement Framework: A flexible harmonization undermining fundamental rights by Caroline Leclercq 192
