Bordering in the EU – How the New Pact on Asylum and Migration challenges human rights obligations

By Sanae Youbi  

In September 2020, the European Commission proposed a reform of the current European Union (EU) approach to migration and asylum entitled a ‘Common European Framework for Migration and Asylum’. A major novelty of this ‘New Pact on Migration and Asylum’ is the proposal to introduce a ‘Pre-Entry Screening’ procedure (Screening Regulation), allowing European authorities at EU external borders to channel irregular third-country nationals towards either an asylum or a return procedure. > As it stands, the proposed Screening Regulation seeks to address the issue of irregular entries and asylum-seekers’ mobility through policing via one single tool, namely a fast screening procedure. This may lead to policy incoherence and human rights abuses justified in the name of internal security and public safety. > Instead of endorsing this restrictive approach, this policy brief argues that the Council and the European Parliament should amend the proposed Regulation by designing an approach inspired by a solidarity-driven system, aligned with EU values. Detention outside the EU borders must not be generalized but based on real security risks, not assumptions based on threat perceptions. The instrumentalization of migration should be rejected, and the focus should be on more sustainable legal venues for humanitarian and labour migration.

Bruges, Belgium, College of Europe, 2023. 15p.