Under the new rules, EU countries agree to distribute the arrival of new asylum seekers as evenly as possible across all member states. Such a ‘distribution law’ aims to prevent most asylum seekers from having to be housed in countries of arrival such as Greece, Spain, and Italy. EU countries that do not wish to cooperate can avoid this by financially contributing to the reception efforts of other EU countries.
Work is also underway on a partial restoration of the so-called Dublin Agreement and the Schengen travel regulations, which will make asylum decisions binding on one another again.
More Deportations
The new rules are intended for asylum seekers who do not have the right to stay in an EU country. According to the EU’s asylum ministers and negotiators of the European Parliament, the system needs to become simpler, faster, and more effective since currently only a small portion of rejected asylum seekers actually return to their country of origin.
Promotion
Outside the EU
An important part of the agreement is the possibility for EU countries to make arrangements with non-EU countries regarding return centers. Rejected asylum seekers can be ‘temporarily accommodated’ there while awaiting their formal, legal rejection. Human rights groups call this ‘deportation’ and ‘detention.’ Any such detention centers require a prior agreement with the host country.
The regulation also grants asylum ministers greater powers to hold individuals if, for example, they refuse to cooperate with their return or if there is a risk they might evade supervision. The maximum duration of detention will be extended compared to current rules.
Binding
Furthermore, a binding European return order will be introduced. This is to make return decisions more easily identifiable so that countries can cooperate more effectively in carrying out return procedures. With this, EU countries aim to return to the situation before 2015 when they (usually) respected each other’s agreements.
The agreement fits within a broader tightening of European migration policy. Several EU countries are already holding talks with countries outside the EU about the potential establishment of return centers. Italy has already set up such a closed reception location in Albania, although it has not yet been put into use.
Credible
Opponents warn that the new rules could lead to more detention and greater risks for migrants. Supporters counter that the European Union needs a credible and effective return policy.
The provisional agreement still needs formal approval from the European Parliament and member states before the new rules come into force definitively.