The EU Pact on Migration and Asylum (EU Pact) forges new paths in order to effectively tackle the challenges in the area of asylum and migration.
It builds the foundation for solidarity-based cooperation between European states and for more efficient migration management.
What is the EU Pact? What does this reform mean for Switzerland?
The EU Pact includes various changes for the EU member states:
harmonised and more efficient procedures at the external borders and at home; improved provision and use of databases; more equitable, shared responsibility for refugee migration to Europe; updated rules on responsibility for asylum procedures and in the event of a crisis; as well as uniform and more binding standards in asylum procedures and in the accommodation of persons. All elements are working together.
The four elements that directly affect Switzerland: a procedure for registration and identification; new rules on the responsibility for asylum applications and derogations from them in the event of crisis; and an enlarged database to determine this responsibility.
What is the purpose of the reform?
After years of negotiations, the EU was able to reach an agreement on a comprehensive reform of the European migration and asylum system, which led to the adoption of the EU Pact on Migration and Asylum (EU Pact) in May 2024. The key objectives of the reform are also in Switzerland's interests: on the one hand, there should be fewer people entering Europe who do not satisfy legal requirements and who are in no need of protection. In addition, misguided incentives should be eliminated to dissuade asylum seekers from continuing their onward migration within Europe without authorisation. At the same time, solidarity between EU member states has now been made legally binding. The reform is intended to strengthen the European asylum and migration system as a whole and address current challenges.
However, the main two new elements of the reform, procedures at the border as well as the solidarity mechanism, are not legally binding for Switzerland. Nevertheless, the reform of the Common European Asylum System (CEAS) also contains further developments of the Schengen/Dublin acquis, which Switzerland must adopt in accordance with the association agreements and which will mainly lead to technical and operational adjustments to regulations and internal procedures.
What does the reform entail?
All individuals who enter the Schengen Area without legal authorisation to do so will henceforth be subject to a screening process. This is intended to ensure that the national authorities carry out identification, security and health checks in a harmonised manner in all countries. In EU member states, this screening process should also enable people to be assigned to the correct procedure.
The Eurodac database keeps a record of the following categories of third-country nationals: those who enter the Schengen Area irregularly; those who are already in Europe without a residence permit; those who seek asylum; and now also those who have been granted temporary protection. The Eurodac database has been expanded as a result of the reform: a broader range of data will be collected and data are systematically compared with data contained in other European databases.
A major change that the EU Pact brings is the introduction of asylum and return border procedures at the EU's external borders: the aim is to deny EU entry to individuals who, on the basis of their country of origin, are unlikely to be granted asylum in Europe (protection rate of 20% or less on average) or who are categorised as a security risk. Unaccompanied minor asylum seekers will generally be excluded from border procedures. Families with children will be given priority if they undergo border procedures with the intention of completing the asylum procedure as quickly as possible. The asylum procedure should be completed within 12 weeks. Moreover, the return of persons who are in no need of protection should also take place within a further 12 weeks. And finally, it is important to note that individuals whose asylum application is examined through the border procedure have not legally entered the Schengen Area. Consequently, for the duration of processing, they will not be allowed to leave the migrant reception facility to enter the Schengen Area.
The provisions of the Dublin system, which determines which European country is responsible for examining a given asylum claim, have also been updated to ensure more efficient cooperation between European countries.
The EU Pact introduces a binding solidarity mechanism for the first time. Under the new rules, EU member states must provide support to states that are under particularly severe migration pressure (e.g. countries at the EU's external borders). Participation in this solidarity mechanism is mandatory for all EU member states. The manner in which they support affected states through this mechanism, however, is flexible and consists either of accepting migrants (i.e. relocation), paying financial contributions or providing alternative services (e.g. secondment of specialists).
In the event of a crisis situation involving a mass influx of migrants, clear rules have now been established to ensure both an appropriate response and continued cooperation.
The EU Pact also establishes harmonised rules on the criteria used to grant international protection and the standards that must be met in order to accept asylum seekers. Common rules for resettlement (acceptance of persons granted international protection) and humanitarian admission are also specified.
The EU Pact is expected to be implemented in all EU member states starting in mid-2026.
What impact will the reform have on Switzerland?
The new provisions are set out in ten EU legal texts. Switzerland has actively and constructively contributed to the discussions on a sustainable, human rights-compliant and targeted reform in several European bodies. Its participation rights in these discussions were possible thanks to its association with the Schengen/Dublin accords. However, Switzerland is only directly affected by those parts of the EU Pact that constitute a further development of the Schengen/Dublin acquis:
- Screening regulation
This regulation establishes a screening procedure to be followed both at the Schengen external border and within Schengen countries. Individuals who have entered the Schengen Area irregularly are registered, identified and checked for security and health risks – regardless of whether they have applied for asylum or not.
- Eurodac regulation
The revised Eurodac regulation extends the existing list of categories used to register persons on arrival and increases the amount of personal data collected. Data on irregular migrants must now be kept on file. A photo, name, age and fingerprints of persons aged 6 or over are now recorded in the Eurodac database.
- Asylum and migration management regulation
The new Dublin criteria (i.e. to determine which country is responsible for an asylum claim) are legally binding for Switzerland. Current criteria such as the family ties, issuance of a visa or residence permit or irregular entry into a country remain in effect. In particular, deadlines will be shortened in order to speed up the procedure. Responsibility for an asylum claim will also generally remain with a given country for a longer period of time. However, new criteria have also been introduced to more effectively take into account the personal links that asylum seekers have to a specific Dublin country.
- Crisis and force majeure regulation
This regulation specifies the extent to which member states may deviate from the applicable law in a crisis situation caused by a mass influx of migrants onto their territory. For Switzerland, only the deviations from the Dublin regulations (i.e. to determine which country is responsible for an asylum claim) are legally relevant. For example, in a crisis situation, states can take longer to respond to an enquiry from another state in order to clarify which country has jurisdiction over a given asylum application.
- Non-binding provisions
Switzerland is not bound by the solidarity mechanism to relieve the burden on EU member states that face particularly severe asylum and migration pressures. However, Switzerland can join solidarity measures of its own accord.
Switzerland will also not apply EU border procedures.
Switzerland has two years to adopt and implement these new EU provisions in accordance with the Schengen/Dublin accords. As this requires amendments to Swiss legislation, a bill to adopt and implement these EU regulations will be submitted to Parliament. The bill is subject to an optional referendum.
Frequently Asked Questions (FAQ)
The Pact on Migration and Asylum is a new set of rules to manage migration and asylum. It seeks to enhance European cooperation, joint responsibility and greater solidarity between European states while focusing on faster procedures, enhanced screening at the external borders and an effective Dublin system.
Switzerland is to implement the parts of the reform that represent a further development of cooperation under the Schengen and Dublin agreements. This includes a new screening procedure for persons entering the Schengen Area, revised Dublin criteria and an expansion of the Eurodac database.
Some of these further developments of the Schengen/Dublin acquis require legislative amendments at national level which must be submitted to Parliament for approval.
Greater migratory pressure in recent years has exposed the structural shortcomings of the European asylum system. Certain EU states, on account of their geographical location, have been repeatedly overwhelmed at the external borders by the continuing arrival of large numbers of migrants. With no mechanism to compensate for this unequal burden, these countries have felt abandoned by the other EU member states. The situation has also put a strain on the Dublin system, with states failing to meet their obligations: migrants have travelled uncontrolled to other Dublin states and have not been able to be returned to the country responsible for processing their asylum application. Although Switzerland clearly benefits from the Dublin system, it is also affected by the situation.
The EU Pact introduces new regulations and measures to make the asylum and migration system more resilient and efficient. It aims to reduce irregular migration to, and secondary migration within Europe, while distributing responsibility more justly among the EU states. The measures include, for example, faster asylum procedures at the EU’s external borders for people who have little prospect of being granted protection in the EU, new Dublin criteria, a binding solidarity mechanism to prevent individual EU member states from becoming overburdened, and clearer rules in the event of a crisis situation.
The new measures are aimed at reducing migration to Europe by people who are not in need of protection or satisfy the entry requirements, while ensuring that protection is granted quickly to those who need it. Switzerland will also benefit from these goals being achieved.
The new screening regulation is a further development of the Schengen acquis and is therefore binding for Switzerland. It provides for a rapid and mandatory screening process at the Schengen external borders for people who do not meet the entry requirements and for third-country nationals who are apprehended when entering the EU illegally.
The screening process includes:
- a screening form;
- a health check;
- a vulnerability check;
- identification or verification of identity;
- registration of biometric data in the Eurodac database;
- a security check;
- allocation to the correct procedure in the EU (border procedure, entry to the Schengen Area for the asylum procedure, or return).
Harmonising the systematic collection of such data will allow the authorities to assign a person more rapidly to the appropriate procedure or introduce the correct measures: this is particularly important if a person poses a security risk or has specific health problems. Countries are to establish an independent monitoring mechanism to ensure that fundamental rights are complied with throughout the process.
The existing Eurodac regulation will be replaced by a new one that expands the scope of the Eurodac database. At present, the Eurodac database contains the fingerprints of irregular migrants and asylum seekers who enter the Schengen states. In future, the expanded database will contain additional biometric data aimed at monitoring irregular stays in the EU more closely. Key new features include:
- Collection of data for additional categories of individuals: People from the age of six will now be registered (previously from the age of 14), with special rules for minors. In addition, Eurodac will contain data for new categories of persons, for example those with an irregular residence status.
- Registration of additional biometric data: Facial scans and personal data such as name and date of birth will be registered in addition to fingerprints.
- Access for law enforcement authorities: Law enforcement authorities can conduct database searches with alphanumeric or biometric data. If the Schengen Information System (SIS) or Common Identity Repository (CIR) returns a match, law enforcement authorities will have better access to Eurodac.
- Interoperability between Eurodac and other European systems: There will be greater interoperability between Eurodac and the Entry-Exit-System (EES), Visa Information System (VIS), European Travel Information and Authorization System (ETIAS) and the Schengen Information System (SIS), including storage of certain data in the Common Identity Repository (CIR).
The new Regulation on Asylum and Migration Management (AMMR) will replace the current Dublin Regulation. Switzerland is to adopt those parts of the new regulation that concern the responsibility criteria (i.e. what state is responsible for examining an asylum application). The main objectives of the AMMR are:
- Faster procedure for establishing the member state responsible: The AMMR provides for shorter procedural deadlines for the submission of and response to requests to determine responsibility and for the removal decision. In addition, the appeal procedure has been harmonised and shortened. Processing deadlines for the Dublin procedure will also be shortened if a person is in preparatory detention or detention pending deportation.
- More efficient cooperation between authorities: The rules for the transfer of an asylum applicant from one Dublin state to another have been streamlined. If the responsibility of a Dublin state has already been established, it is no longer necessary for another Dublin state to submit a request to that state to take a migrant back; a notification to the state responsible is sufficient. However, the Dublin state responsible may still object. Information exchanged between Dublin states prior to the transfer now includes data collected during the screening procedure.
- Clear rights and obligations for applicants: Under the AMMR, an asylum seeker must submit their asylum application in the country of first entry or in the Dublin state that issued them with a residence permit or visa; they may not choose in which state they submit their asylum application or which state is responsible for examining their application. They must provide any relevant information in good time and cooperate with the competent authorities. As a general rule, the initial interview will be summarised in writing and recorded on audio.
- Prevention of secondary movements: Failure to comply with legal obligations will now have material consequences for asylum seekers in terms of reception and accommodation. The deadline for transferring a person to the responsible Dublin state will be extended from 18 months to a maximum of three years if the person absconds during the Dublin procedure or evades transfer in other ways. In addition, a Dublin state will now be responsible for the asylum procedure for 20 months after an irregular entry into the Schengen Area, instead of the current 12 months. Dublin states that participate in the Asylum, Migration and Integration Fund (AMIF) will receive a contribution of EUR 10,000 for each person transferred to their country, creating an incentive for consistent returns. As Switzerland does not participate in the AMIF it will not receive any contributions from this fund.
- Greater consideration of ‘meaningful link’ when considering allocation of responsibility: If a person holds a qualification from an educational institution in an EU member state, that country will now be responsible for examining an asylum application.
- Greater consideration of family ties and the welfare of children: The definition of ‘family members’ is to be broadened to include family ties formed after a person leaves the country of origin but before they arrive in a Dublin state (families in transit). If a family member has a long-term residence permit from, or has acquired the citizenship of a Dublin state, that state will be responsible for further family members. The safeguards for unaccompanied minors have been amended under the AMMR to ensure that minors’ best interests are assessed in a more practical manner. The Dublin state in which an unaccompanied minor first submits an asylum application will be responsible, unless it is proven that this is contrary to the minor’s best interests. In order to facilitate family reunification, the requirements regarding proof of a family relationship will become more flexible.
- People who pose a security risk: Before transferring a person to the responsible Dublin state, it must be ensured that they do not pose a security risk to that state. In addition, posing a threat to public security and order is now a new ground for detention.
Participation in the solidarity mechanism is not legally binding for Switzerland, but it can participate voluntarily. The Federal Council will decide on implementation of the reform in 2026 whether Switzerland participates in the solidarity mechanism or in other measures, and to what extent.
Switzerland will not apply the new procedure at the EU’s external borders as it is not relevant to Schengen or Dublin.
The new system aims to create more overall clarity regarding asylum seekers’ rights and obligations, and to speed up procedures. This in turn will make the process of granting protection more predictable both for asylum seekers and European states, thus increasing legal certainty. Asylum seekers will also have access to free legal advice at all stages of the procedure.
The minimum standards for asylum procedures are now directly applicable law in all EU member states, leaving them less scope for manoeuvre than in the past. The revised directive on standards for the reception of asylum seekers also strengthens access to education, the labour market, healthcare and the rights of unaccompanied minors and other vulnerable asylum seekers. All stages of the procedure contain fundamental safeguards in line with European standards, for example with regard to the best interests of the child or special protection needs.
Finally, the revised Dublin provisions, which are also applicable in Switzerland, give greater weight to an asylum seeker’s links to a specific Dublin country (for example through family ties or a qualification from an educational institution in a Dublin state) when determining the country responsible.
The new EU Pact includes free legal advice during all stages of the procedure unless the applicant has their own resources. Legal advice and representation will also be available during appeal proceedings.
In addition, EU member states must establish an independent monitoring mechanism to ensure that fundamental rights are complied with throughout the process.
The EU member states have two years to implement the reform, i.e. until mid-2026. During this phase, national laws must be amended and the necessary resources made available. Switzerland was notified of the binding legal texts on 17 May 2024 and has two years to transpose and implement the relevant provisions into national law under the Dublin association agreement. The necessary legislative amendments will be submitted to Parliament for approval. Following the expiry of the referendum period or approval by the Swiss electorate, the EU will be notified that Switzerland has adopted the new provisions. This means that the reform should come into force throughout the EU and in Switzerland by mid-2026.
Links
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Übernahme und Umsetzung der Rechtsgrundlagen zum EU-Migrations- und Asylpakt (Weiterentwicklungen des Schengen-/Dublin-Besitzstands)
(This document is not available in English)
Last modification 14.08.2024
