European Union Asylum and Migration Pact and Legal Solutions to Migration Crises

Abstract

The New Pact on Migration and Asylum was adopted to establish a unified European framework for managing migration and asylum within the EU, aiming to better address the arrival of migrants on EU territory. The Pact introduced new elements, including a flexible but mandatory solidarity mechanism to ensure fair responsibility-sharing among Member States, harmonised rules for examining asylum applications, and measures to handle emergency situations involving large arrivals of third-country nationals. However, these new rules risk violating fundamental rights of asylum seekers and migrants, such as the right to liberty, the prohibition of inhuman or degrading treatment, and the right to asylum. Meanwhile, the diverse strategies among Member States in the preparation of the Pact’s implementation threaten to fragment the Common European Asylum System.