Overview of EU’s Compromise for Stricter Asylum Rules and Future Handling of Refugees

The compromise for stricter EU asylum rules, supported by Germany, paves the way for asylum procedures at Europe’s external borders and emphasizes greater solidarity within the EU

How Europe plans to handle refugees in the future

The compromise for stricter EU asylum rules, supported by Germany, paves the way for asylum procedures at Europe’s external borders and emphasizes greater solidarity within the EU. Here is an overview of the agreement.

What does the agreement mean?

It allows for fast-track procedures at Europe’s external borders to determine whether a refugee may apply for asylum. The aim is to prevent people from entering the EU who come from countries deemed safe and have little chance of obtaining asylum. This means that secure areas or institutions known as asylum centers will be located near the borders. Within twelve weeks, the applicant’s chances of receiving asylum will be assessed. If not, they will be sent back immediately. The Council of the EU said the total duration of the asylum and deportation process at borders should not exceed six months. Germany will also perform fast-track procedures at its international airports.

The success rate of a regular asylum procedure is assessed in the process by looking at the statistical recognition or protection rate of applicants from the relevant countries. Procedures will only apply initially to migrants from countries with a recognition rate of under 20% on average in the EU. This applies to people from countries like Turkey, India, Tunisia, Serbia, or Albania. Depending on the outcome of the border procedure, applicants will either be sent back or allowed into the country to undergo a regular asylum procedure.

In addition, monitoring and deportation of rejected asylum seekers will be made easier, for example, by collecting more data on them and storing it centrally.

Who are exempt from fast-track procedures?

According to the EU, the majority of refugees will still have the right to a normal procedure, usually carried out in member states at EU external borders. The Federal Ministry of the Interior said, “The procedures at the external borders should not apply to people who have fled torture, war, and terror”. It’s about “quick and fair asylum procedures for those for whom there is only a small chance that they will need protection in the EU.”

How will particularly burdened EU countries be helped?

If countries face a massive influx of people, they can request support from other member states through a solidarity mechanism. A certain number of refugees would then be distributed to other countries through a distribution key. States that refuse to participate would have to pay compensation for each person not taken in.

Italy, for example, would benefit from this rule. According to the UN Refugee Agency, over 50,000 migrants have already been registered in Italy this year, who came across the Mediterranean.

Where can rejected refugees be deported to?

Italy, Greece, and Austria have succeeded in their demand to be allowed to deport rejected migrants to so-called safe third countries, such as Tunisia or Albania. Passing through one of these “safe states” on the way to Europe is sufficient reason to be deported there in the future. Germany wanted to prevent this from happening if failed asylum seekers have no close connections to third countries, for example, by having relatives there.

The compromise also allows for exceptions in defining “secure third countries”. For example, it may only apply to certain regions or groups of people within a country. If the EU ministers’ proposal is implemented, this could mean that people from Syria or Afghanistan who come to the EU through a “safe third country” could be deported there.

How many people are seeking refuge in Europe?

Last year, 881,200 initial applications were made in the 27 member states. This marked an increase of 64% compared to the previous year. On average, only one in two asylum applications in the EU are granted. In the first five months of this year, 125,556 people applied for asylum in Germany, almost 77% more than in the same period last year, according to the Federal Office for Migration and Refugees (BAMF).

What was the German government’s stance in the negotiations?

Interior Minister Nancy Faeser called the agreement in Luxembourg “historic” and spoke of a “new, solidarity-based migration policy”. However, Faeser was not able to enforce her demand that families with children and young people under the age of 18 be exempt from border procedures. The German demand was recorded in a so-called protocol note, a written additional statement. Only a handful of countries supported the German demand. Portugal, Ireland, and Luxembourg joined the note. Nevertheless, the minister said that it had been possible to exempt unaccompanied minors from the border procedure.

What are critics saying?

Pro Asyl called it a “frontal attack on the right to asylum,” and a “historic mistake” of the coalition government. The government is accepting the sale of human rights and the rule of law. Migration researcher Bernd Kasparek said everyone should have the right to present and have their asylum claim reviewed. However, what is happening at the borders is no longer an asylum procedure. People can no longer state the reasons for their flight and have them reviewed. Instead, a crude categorization will be used to determine whether a person should be given access to the asylum system.

Among supporters of the coalition parties, particularly the Greens but also the SPD, there is strict criticism. Green MEP Erik Marquardt said: “With German approval, there was a populist march in the Council.” However, Marquardt said they will work in the EU parliament to ensure that the council’s “major assault on the right to asylum” is not successful. Marquardt accuses the interior ministers of defining “safe third countries” in such a way that transit countries like Turkey, the Maghreb countries, parts of Libya, or Egypt can be considered safe. Furthermore, member states will not be prohibited from detaining people in border camps with recognition rates above 20%.

The Green Party leader Ricarda Lang also said that Germany should not have agreed to the reform plans. SPD MP Hakan Demir said he hoped that the European Parliament could still make corrections.

Is there no more conflict in the EU?

No. Poland and Hungary categorically reject the EU asylum reform. In the future, they are expected to pay a fine of 20,000 euros for every migrant they do not accept. The money will go into a fund to finance migration projects. It is uncertain whether Warsaw or Budapest will ever pay.

What’s next?

Hungary and Poland want to bring the issue back to the table at the EU summit on June 29 and 30 in Brussels. In addition, EU countries still need to reach an agreement with the European Parliament. This is considered very difficult since the positions of the parties are “miles apart”, according to diplomats. The German government is pushing for a conclusion to the asylum reform by the European elections in June 2024. If this does not work, changed political power structures could require new negotiations.