|Published on: 15th October 2026|Categories: News|
ECRE has published a policy note which assesses the first few months of application of the EU Pact on Migration and Asylum. Drawing on information from civil society organisations across Europe, the note examines developments at the EU level and the practical implementation of the new rules in member states (MS). It identifies persistent gaps in implementation, continued non-compliance with existing asylum obligations and challenges in ensuring that the safeguards included in the new framework are respected in practice.
The note finds that, despite many necessary steps foreseen by the Pact having been taken, the first few months of application of the new rules have highlighted significant challenges in the functioning of the new framework, including regarding the practical implementation of necessary safeguards and the impact on the ability of asylum applicants to exercise their rights. Longstanding deficiencies in national asylum systems remain unresolved, while concerns have emerged about access to reception, the identification of vulnerabilities, legal counselling and information provision. Independent monitoring mechanisms are not yet operational in a number of EU MS, raising questions about the availability of effective oversight in the application of the new framework. Emerging case law in several EU MS also highlights challenges in applying the new rules, particularly concerning applications of restrictions on freedom of movement and the lack of procedural safeguards.
To address these challenges, ECRE is calling on EU MS to:
- Ensure that all safeguards under the Pact are operational from the outset, including effective vulnerability identification, access to information and independent legal counselling, and specific guarantees for children and applicants with particular needs;
- Ensure that national implementation measures respect existing safeguards and obligations under constitutional, EU and international law;
- Allocate sufficient administrative resources to process both existing caseloads and new applications and establish adequately resourced and independent monitoring mechanisms.
ECRE is also calling on the European Commission to:
- Strengthen the monitoring of Pact application;
- Address operational gaps through EU funding and implementation support;
- Ensure that its guidance to MS is clear and consistent with fundamental rights.
Finally, ECRE is calling on the EU Agency for Asylum to:
- Ensure that the results of monitoring lead to concrete follow-up measures;
- Strengthen practical support and training where implementation gaps emerge.
The policy note is available here.
