This policy study assesses the new screening, border asylum processing, and border return procedures following the recently adopted New Pact on Migration and Asylum reform to examine possible legal challenges and shortcomings, as well as propose forward-looking reflections for proper implementation. Screening, border asylum processing, and border return procedures are part of the revamped procedural setup foreseen by the reformed Common European Asylum System (CEAS). They are meant to make up a new seamless process at the EU's external borders, streamlining and simplifying procedural arrangements.
Creating a seamless border migration process is not inherently negative, especially in light of mixed migration flows and irregular arrivals. However, this policy study shows that challenges may arise due to short processing time and inadequate material conditions, among others. More broadly, efficiency may be prioritised over the quality of processing.
Implementing the new rules in a protection-oriented manner will be instrumental in realising the Pact's goals in compliance with member states' obligations under refugee and human rights law. To this end, the policy study raises points for further reflection that could feed the thinking of EU and national policymakers and administrators, international organisations, and civil society in carrying out and supporting implementation.
The study points to several possible initiatives, including actions to ensure adequate financial support, guarantees in relation to deprivation of liberty and for the protection of vulnerable applicants as well as effective monitoring in the new system.
Read the full paper here.