On 12 June 2026, the European Pact on Migration and Asylum, adopted by the European Union in 2024, entered into force, introducing a major reform of the European system for managing migration. The stated objectives of the Pact are to improve the efficiency of asylum procedures and to strengthen solidarity among Member States. However, we think, as many NGOs and international organizations, that several of its provisions could make it more difficult for people who qualify for international protection to obtain refugee status.

One of the most controversial aspects of the Pact is the introduction of accelerated border procedures. Applications submitted by nationals of countries with low recognition rates may be examined very rapidly. While intended to increase efficiency, these shortened timeframes may limit applicants' ability to gather supporting evidence, obtain adequate legal assistance, and prepare their asylum claims properly.

The Pact also expands the legal fiction of "non-entry." Applicants whose claims are processed at the border are considered, from a legal perspective, not yet to have entered the territory of the European Union, even though they are physically present within a Member State. As a result, they may remain in a legal limbo, with more limited procedural safeguards, and may be required to stay for extended periods in closed or semi-closed reception facilities.

Another controversial element is the broader use of the concepts of "safe third country" and "safe country of origin." If an applicant can be transferred to a country considered safe, the asylum application may not be examined on its merits. Assessment of a country's safety may rely on general criteria without adequately considering the individual's personal circumstances and protection needs.

The Pact also strengthens the preliminary screening process before applicants gain access to the asylum procedure. During this phase, authorities carry out checks relating to identity, security, and vulnerability. These controls may become an obstacle that restricts effective access to international protection procedures.

Furthermore, the Pact provides for a broader collection of biometric data, including fingerprints and facial images, even from younger minors than under the previous system. Although the stated aim is to improve identification, we fear that these measures place greater emphasis on migration control than on the protection of asylum seekers.

The Pact introduces a new solidarity mechanism among Member States, but it maintains the principle that the Member State of first entry is generally responsible for examining an asylum application. This continues to place a disproportionate burden on countries located at the EU's external borders and may encourage faster, less thorough procedures in situations of high migratory pressure.

The revised Eurodac Regulation expands the information recorded on migrants and their exchange among Member States. Together with the wider use of detention during border procedures, these measures make it more difficult for applicants to submit a subsequent asylum claim in another Member State. Detention can negatively affect applicants' ability to prepare their asylum claims adequately and to obtain effective legal assistance.

We are worried about the extension of simplified procedures for applicants coming from countries with low recognition rates for international protection: reliance on statistical criteria may disadvantage individuals who have genuine and well-founded personal grounds for seeking asylum, despite their country of origin.

The Pact also strengthens cooperation with third countries in the areas of border management and returns. Externalization of migration management may reduce access to European territory and, consequently, limit the practical ability of individuals to exercise their right to seek asylum.

Organizations such as the UNHCR, Amnesty International, Human Rights Watch, and the European Council on Refugees and Exiles (ECRE) acknowledge some positive aspects of the reform, including a more harmonized legal framework across the European Union and improved mechanisms for responding to situations of crisis. Nevertheless, they warn that the increased emphasis on border control risks prevailing over the effective protection of refugees.

The Pact does not alter the legal definition of refugee, nor does it abolish the right to seek asylum. However, by introducing accelerated procedures, stricter screening mechanisms, broader use of the concepts of safe countries, expanded collection of biometric data, and stronger cooperation with third countries, it may increase the number of applications that are declared inadmissible or rejected. In practice, these measures could make it more difficult for many individuals to obtain refugee status, even though each application should, in principle, continue to be assessed individually in accordance with European Union law and the international obligations of Member States under international refugee and human rights law.

Basilio Buffoni

Noi Siamo Chiesa