The four most important points of the European Union's major migration reform

BrusselsThe migration reform is one of the main laws that was approved in the European Union in the previous legislature. From when the European Commission presented the first proposal until the member states and the European Parliament gave their approval, more than two years passed, but it has only entered into force this Friday. It is a very electorally attractive legislative dossier, especially for the far-right, and highly sensitive, which has been criticized by a multitude of non-profit organizations. We break down the most important points for you.

More detention at borders

The new EU regulation extends the time that border authorities can detain newcomers for whom an asylum application is being processed. The objective, as stated in the legislative text itself, is to ensure that no one enters EU territory who could pose a threat to European citizens. However, diplomatic sources from some countries, progressive European Parliament groups, and various NGOs warn that it could open the door to unjustly detaining innocent people, and could significantly reduce legal guarantees and the right to asylum.

These same voices criticize that the regulation could end up leading to initial screenings carried out in these border detention centers being discriminatory, especially for ethnic reasons. On the other hand, the European Parliament managed, in negotiations with national governments and the European Commission, to exempt minors from these screenings, expedited asylum application processing, and the extension of detention periods.

Controversial exceptions

Russia politically instrumentalizes migration.

This exception has been included in the regulations, above all, due to the pressure from Eastern European countries. Poland, for example, has always complained that Russia politically instrumentalizes migration. It has also been done with eventual new waves of refugees in mind, as happened with the war in Syria or the Russian invasion of Ukraine. In fact, there have already been countries that, with this excuse and despite legal doubts, have stopped applying part of the European regulations for crisis situations. Greece, for example, suspended it last year for three months following the numerous arrival of migrants on the island of Crete.

Solidarity à la carte

One of the main objectives of the southern countries of the continent —especially Spain and Italy— in the reform negotiations was to ensure a balanced and proportional distribution among member states of asylum seekers. Finally, however, the regulation includes a kind of solidarity à la carte and countries that receive fewer newcomers will be able to help other governments in hosting only in the form of money, but without hosting asylum seekers who are not already in their territory.

The objective of the legislation is that at least 30,000 people are eventually redistributed per year among all member states. However, the vast majority of partners have already shown themselves to be against helping the countries that receive more newcomers and, for this reason, European regulations give state governments the option to pay about 20,000 euros per person they have refused to host or to provide some type of assistance to countries that receive more migratory pressure.

Agreements with third countries

The regulation also aims to strengthen agreements with third countries to curb migratory waves towards the European Union. However, involving countries outside the European bloc in immigration management poses a political danger to the community bloc. These states, largely governed by authoritarian regimes that do not respect migrants' human rights, often politically instrumentalize immigrant waves and threaten to let them advance towards the European Union in exchange for economic or political favors.

Some of the examples that have caused the most controversy in the past, for instance, has been the shower of millions from the European Union to Turkey, led by the authoritarian Recep Tayyip Erdogan, to retain refugees; or the Spanish government's decision to recognize that Western Sahara belongs to Morocco, which had previously caused a migratory crisis. In recent years, the European Commission has expanded the number of countries with which it has reached agreements, such as Tunisia and Mauritania, among others.

Regarding the community regulation that supports centers located outside the European Union for deporting migrants, it will not yet come into force. This initiative, inspired by the facilities created by Giorgia Meloni's Italy in Albania, was only politically agreed upon last week and is expected to be ratified next. Therefore, it will not come into operation for a few months, as it is a law annexed to the major migratory reform, which was added after the current Italian prime minister came to power.