Summary of the day
Negotiators from the European parliament and the Council of the EU reached a political agreement on a new migration and asylum pact.
The deal would allow EU countries to choose between relocating asylum applicants and making financial contributions.
It also includes a pre-entry screening procedure, a new common procedure across the EU to grant protection and a mechanism to ensure solidarity in a scenario where there is an exceptional influx.
The European Commission president, Ursula von der Leyen, said the pact “means that Europeans will decide who comes to the EU and who can stay, not the smugglers. It means protecting those in need.”
Roberta Metsola, the European parliament president, said “today is truly a historic day” and that “we can manage to showcase this unprecedented reform before next year’s elections.”
Swedish MEP Tomas Tobé, a member of the centre-right European People’s party, said that “the new rules will allow us to regain control over our external borders and reduce the migration pressure towards the EU.”
Iratxe García Pérez, who leads the Socialists and Democrats group, said “we managed a deal that not only focus on border protection but also contains solidarity with refugees as well as between member states, and upholds the right to asylum”.
The French MEP Fabienne Keller, from the Renew Europe group, said “we have proven the extremists on the left and right wrong. Finally, we will have a strong common asylum system based on responsibility and solidarity.”
The Green group said the deal is “unworkable.” Belgian MEP Philippe Lamberts, the group’s co-president, said “this will undermine the right to asylum, international law and human rights.”
The Left group in the European parliament responded to the deal saying it’s a “dark day for the EU.”
Amnesty International said that the agreement “will lead to a surge in suffering for asylum seekers, refugees and migrants on every step of their journey.”
Save the Children said the deal “will lead to blatant violations of children’s rights, will endanger children on the move, and will lead to further separation of migrant families.”
The European Council on Refugees and Exiles argued that the changes were based on two “false premises”.
Oxfam said “the EU missed the opportunity to finally agree on better responsibility-sharing and solidarity rules. Instead, they agreed on more detention, including of children and families in prison-like centres.”
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Orbán defends Trump: 'Is this fake news?!?!?!'
Hungary’s prime minister, Viktor Orbán, has reacted to news that the Colorado supreme court declared Donald Trump ineligible to hold office again under the US constitution’s insurrection clause.
Is this fake news?!?!?!
— Orbán Viktor (@PM_ViktorOrban) December 20, 2023
Keep on fighting, @realDonaldTrump! The world needs you! 🫵https://t.co/FZownDnkNS
French MEPs clashed on social media over the new immigration law in France and the EU’s political agreement on the migration and asylum pact.
Ainsi, pour LFI, la fermeté contre l’immigration irrégulière est une honte. En France mais aussi en Europe. Précisons que le Pacte européen sur l’Asile et la Migration a recueilli le soutien des socialistes européens. On a compris : écouter les attentes des Français et des… https://t.co/EjMOggQ12m
— Nathalie Loiseau (@NathalieLoiseau) December 20, 2023
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Socialists welcome deal as 'solid compromise'
The Party of European Socialists has welcomed the political agreement.
Stefan Löfven, a former Swedish prime minister and now president of PES, said:
The political agreement reached today marks a milestone for the EU. Courageous, constructive, progressive policies offer real solutions, not the divisive politics of the right-wing populists.
I want to congratulate, in particular, Ylva Johansson for her leadership on this very complex file.
The deal represents a solid compromise, it will reform EU migration and asylum policy, into a long-term and sustainable approach, preserving the right of asylum, protecting people, implementing a strong and binding solidarity and responsibility sharing mechanism and effectively managing our borders.
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Oxfam has added its voice to the many rights groups that have criticised the political agreement on the EU’s migration and asylum pact, describing it as a “dangerous dismantling of the key principles of human rights and refugee law.”
In a statement, the organisation’s EU migration expert, Stephanie Pope, added:
What has been agreed is not better – in many ways, it is far worse.
The EU missed the opportunity to finally agree on better responsibility-sharing and solidarity rules. Instead, they agreed on more detention, including of children and families in prison-like centres.
They have also slammed the door on those seeking asylum with substandard procedures, fast-tracked deportation and gambled with people’s lives with increased risks of refoulement.
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Cornelia Ernst, a German lawmaker in the European parliament’s Left group, said “the European parliament has become the doormat of the member states” in the migration pact negotiations.
Today is a dramatic day for the rights of people seeking protection in Europe: a dream of the right-wing populists in the EU coming true. In the negotiations on the #MigrationPact, the European Parliament has become the doormat of the Member States. pic.twitter.com/RhWOA7XpPn
— Cornelia Ernst (@ErnstCornelia) December 20, 2023
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'Very positive step,' says UN high commissioner
Filippo Grandi, the UN high commissioner for refugees, called today’s political agreement in the EU “a very positive step”.
“Now to its implementation! UNHCR stands ready to advise and support,” he added.
Congrats to the EU and @EU_Commission for reaching a political agreement on the European pact on migration and asylum and especially @YlvaJohansson for her persistence and leadership. It is a very positive step. Now to its implementation! UNHCR stands ready to advise and support.
— Filippo Grandi (@FilippoGrandi) December 20, 2023
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“I am highly disappointed,” said the Dutch Green MEP Tineke Strik.
I am highly disappointed by the outcome of the Asylum Pact negotiations. It will not lead to equal responsibility sharing but undermines the safeguards for asylum seekers. Even children can be detained for six to nine months. And no human rights monitoring to prevent pushbacks.
— Tineke Strik (@Tineke_Strik) December 20, 2023
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French health minister's resignation confirmed as immigration law controversy continues
Aurélien Rousseau, France’s health minister, is stepping down over a hardline immigration bill approved by the country’s parliament.
Agnès Firmin Le Bodo is set to serve as interim health minister.
Migration deal endangers children, Save the Children says
The political agreement reached today on the EU’s migration and asylum pact “will lead to blatant violations of children’s rights, will endanger children on the move, and will lead to further separation of migrant families”, Save the Children said in a statement today.
Willy Bergogné, Save the Children Europe’s director and EU representative, said:
The European leaders involved in these negotiations claim that the new pact is a historic agreement on EU migration policy that will establish clear, fair and faster border procedures. This result is deemed crucial to reducing the influx of asylum seekers towards Europe.
In fact, the agreement reached today is historically bad. It is evident that for the majority of legislators, the priority was to close borders, not protect people, including families and children escaping violence, conflict, hunger and death while seeking protection in Europe.
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The German foreign minister, Annalena Baerbock, has spoken about the political agreement on the bloc’s migration and asylum pact.
“For the first time, the EU member states are now obliged to show solidarity. The inhumane conditions at the EU’s external border must not remain the face that Europe shows to the world,” she said.
She added:
Every agreement in Brussels is always a compromise. As Germany, we were unable to get our way on the blanket exemption of children and families from border procedures. We will ensure that it is implemented in a fair, orderly and fair manner.
Die Einigung auf ein neues #GEAS war dringend notwendig & längst überfällig. In unserem gemeinsamen #Europa, in dem Freizügigkeit eine der größten Errungenschaften ist, braucht es für alle verlässliche Regeln für Migration & Asyl. 1/3
— Außenministerin Annalena Baerbock (@ABaerbock) December 20, 2023
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The Platform for Undocumented Migrants (Picum) has put out a thread on X with their analysis of what the reforms could mean in practice.
According to the organisation, the impacts of the reform include:
“Any person coming to Europe will likely be detained in border facilities, no exceptions: from babies to children, teens and adults.”
“Inside the EU, anyone who looks ‘foreign’ can be stopped and sent to a detention centre for further identification checks.”
“Member states will be able to derogate from key safeguards when they claim a third country is pushing people to their borders.”
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'Dark day for Europe', NGO alliance says
The European Council on Refugees and Exiles, an alliance of 117 NGOs working to protect and advance the rights of refugees and asylum seekers, described today as a “dark day for Europe”.
On social media, the alliance argued that the reforms were based on two “false premises”:
“Those arriving do not have protection needs.”
“Treating people inhumanely is a deterrent.”
It pointed to several implications, including an increase in the number of people in detention who would be subject to substandard procedures, more pushbacks and the legalisation of various ways to deny asylum.
It added: “Years of work, 1000s of meetings, 100s pages of analysis: the outcomes are still a chilling read.”
6/ Implications
— ECRE (@ecre) December 20, 2023
- 100Ks more people in detention subject to substandard procedures
- 100Ks more pushbacks
- Legalisation of various forms of denial of access to asylum
- International law undermined
- People in limbo / irregular situations / destitution
- Boom time for smugglers
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The outgoing Dutch prime minister, Mark Rutte, has welcomed today’s deal.
A major breakthrough! After seven years of negotiations, the European Union has reached a historic agreement on the migration and asylum pact. This agreement will enable us to gain more control over migration, for example through better, faster asylum procedures at the EU’s…
— Mark Rutte (@MinPres) December 20, 2023
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Q&A: What's in the deal and why it is controversial
Today’s political agreement, reached between the European parliament and the council, covers five laws related to migration and asylum.
Leading political parties and senior European officials have celebrated the agreement as a big achievement. But some members of the European parliament and NGOs have raised concerns.
What does the deal cover?
As part of the compromise deal, there will be “mandatory solidarity for EU countries recognised as being under migratory pressure” but other member states would be able “to choose between relocating asylum applicants to their territory and making financial contributions,” the European parliament said in its summary of the agreement.
Another key element of the agreement is that “people who do not fulfil the conditions to enter the EU will be subject to a pre-entry screening procedure, including identification, collecting biometric data, health and security checks, for up to seven days”.
There will also be a common procedure across the EU to grant protection. “Processing asylum claims should be faster – up to six months for a first decision – with shorter limits for manifestly unfounded or inadmissible claims and at EU borders,” the parliament said.
The agreement includes new measures to identify arrivals in the EU territory more effectively, including “adding facial images to fingerprints, including for children from six years old”.
The deal establishes a new mechanism to ensure solidarity in a scenario where there is an “exceptional influx of third-country nationals leading to the collapse of the national asylum system”.
Who supports the agreement?
The European Commission welcomed the deal, as did the centre-right European People’s party, the Socialists and Democrats and the centrist Renew Europe group.
Iratxe García Pérez, who leads the Socialists and Democrats group, said “we managed a deal that not only focus on border protection but also contains solidarity with refugees as well as between member states, and upholds the right to asylum”.
Who is critical?
The Greens group and The Left group in the European parliament raised concerns about the agreement. A number of rights groups are opposed.
Why is the deal controversial?
Critics of the agreement say it undermines the right to asylum and will not solve problems.
“The proposed system will ultimately not be workable, the border procedures and detention will entail very high human costs and further administrative burdens for national authorities,” said the German MEP Terry Reintke, co-president of the Greens group.
Eve Geddie, director of Amnesty International’s European institutions office, said “the pact will almost certainly cause more people to be put into de facto detention at EU borders” and “there will be reduced safeguards for people seeking asylum in the EU, with more people channelled through substandard border asylum procedures”.
She added that “instead of prioritising solidarity through relocations and strengthening protection systems, states will be able to simply pay to strengthen external borders, or fund countries outside the EU to prevent people from reaching Europe”.
Another concern raised by Amnesty is that “the agreement reached today also allows countries to opt out of a broad range of EU asylum rules in times of increased arrivals and in case of so-called ‘instrumentalisation’ of migrants or ‘force majeure’”.
And, Geddie stressed, “this agreement reinforces the EU’s dependence on states beyond its borders to manage migration”.
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Deal 'will lead to a surge in suffering', Amnesty says
Amnesty International’s European institutions office said that today’s political agreement “will lead to a surge in suffering for asylum seekers, refugees and migrants on every step of their journey.”
It added:
As we feared, the EU migration pact agreed today looks set to:
· Weaken the rights of asylum seekers, refugees, and other migrants in the EU
· Worsen existing legislation
· Fail to address urgent issues in European asylum and reception systems
Amnesty also said that “in practice today’s deal will mean”:
· More people detained at European borders
· More asylum seekers in substandard procedures
· Limited support for EU border states
· Emergency measures that restrict asylum becoming the norm
· Less coherent border responses
The organisation also criticised the agreement crisis measures.
Agreed crisis & instrumentalisation measures put people at risk and open the door to rights violations:
· Asylum registrations suspended for up to 4 weeks
· ALL applicants in border procedures with fewer safeguards – involving long detention – in case of ‘instrumentalisation’.
And it pointed to concerns about the role of third countries.
It will also increase reliance on countries outside the EU to manage migration – meaning more deals like those reached with Albania, Libya, Tunisia or Türkiye to shift responsibility for protecting people outside the EU.
The #EU has agreed on policy proposals on #MigrationEU and asylum, setting the agenda for years to come.
— Amnesty EU (@AmnestyEU) December 20, 2023
This agreement will lead to a surge in suffering for #asylumseekers, #Refugees and #migrants on every step of their journeys🧵https://t.co/OoSOyw050t
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The European Commission vice-president, Margaritis Schinas, said in a press conference this morning that “with the agreement, we are introducing a new and mandatory screening at all borders of all arrivals”.
“In a second stage, all those unlikely to get asylum will have to go through mandatory fast-tracked border procedures with streamlined procedures for dealing quickly with asylum claims and efficiently processing returns of those who have no legal reason to be under the European Union’s protection.”
He added that “the agreement provides for strong solidarity mechanism where we ensure that member states always get the support we need”.
The new system “will be one in which solidarity will become the norm, the rule”, Schinas stressed, noting that “the system will always leave member states with an alternative to relocation”.
He also underscored the role of partnerships with third countries.
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IOM, the UN migration agency, released yesterday a short report about deaths in the Mediterranean.
The shipwreck off the coast of Libya Saturday that claimed the lives of 61 migrants is a stark reminder of the need for states to urgently address the mounting death toll on the world’s most dangerous maritime crossing where 2,571 people have died so far this year.
According to the International Organization for Migration’s (IOM) Missing Migrants Project (MMP), 28,320 men, women and children have died or disappeared on the Mediterranean Sea since 2014.
Nearly 90 percent (2,271) of those who have died or disappeared there in 2023 – the highest recorded since 2017 – were crossing the Central Mediterranean route.
What comes after today's political deal on the EU migration and asylum pact?
The European Parliament and the Spanish presidency of the Council reached an agreement today on “the core political elements of five key regulations that will thoroughly overhaul the EU’s legal framework on asylum and migration,” the Council said in a statement.
It noted that “following today’s provisional agreement, work will continue at technical level in the coming weeks to flesh out the details of the new regulations.”
Next, “the provisional agreement will be submitted to member states’ representatives (Coreper) for confirmation.”
Details of the deal
Here are some of the details of the wide-ranging political agreement on the migration and asylum pact.
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We can 'showcase' migration reform ahead of elections, Metsola says
Speaking at a press conference this morning, the European parliament president, Roberta Metsola, said:
Today is truly a historic day. I am surrounded by colleagues who have not slept for days and nights.
In a very, I would say, also emotional moment – I start from a personal angle.
You know, I come from an island in the Mediterranean, and I know exactly what it means when we say that we have finally delivered on the migration and asylum pact – probably the most important legislative deal of this mandate.
It was the number one concern of our citizens in 2019, it still remains the number one concern for many.
So this is an agreement that is more than ten years in the making.
The parliament president said her colleagues “have managed to find a balance between solidarity and responsibility across all files – it was not easy, but it only makes this achievement even more important.”
She underscored the political significance of the deal:
We can manage to showcase this unprecedented reform before next year’s elections.
But Metsola also acknowledged that “we are aware that there is no perfect solution”.
She added:
It is not a perfect package on the table, and it does not look at the solutions to all complex issues, but what we do have on the table is far better for all of us than we have had previously.
We can demonstrate that Europe has the solutions and that Europe can deliver.
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Migration deal 'unworkable', Greens say, raising rights concerns
The Green group in the European parliament said this morning that the political deal on the migration and asylum pact is “unworkable & solidifies practices that undermine human rights”.
The Belgian MEP Philippe Lamberts, the Green group’s co-president, said “today’s agreements entrench outdated ideas on how to deal with migration and fail to take into account the reality at the EU’s borders both on the ground and in the sea”.
“This will undermine the right to asylum, international law and human rights,” he said, adding:
Instead of seeking humane and practical solutions to manage migration in an orderly and safe way, EU member states have been pursuing dangerous policies that are turning the Mediterranean into a graveyard. Unfortunately the outcome of these negotiations will only solidify this approach.
What we needed with this pact was a full overhaul of the rules and mandatory relocation. Despite a new binding solidarity mechanism in EU law, its shortcomings are stark – solidarity now means border surveillance within the EU, relocation is not prioritised and there are no specific solidarity procedures for search and rescue disembarkation.
Lamberts also underscored that “the detention of migrants, children and families at the borders is totally unacceptable”.
Unfortunately, the systematic and prolonged detention of people in unsanitary and unsafe conditions at the EU’s borders will continue. The Greens/EFA Group will never accept the lowering of standards and legal safeguards in asylum procedures.
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'Dark day for the EU,' says Left group
Reacting to the political deal on the EU’s migration and asylum pact, the Left group in the European parliament said:
A dark day for the EU.
The Pact on Migration & Asylum just agreed, marks the death of the individual right to asylum in Europe.
This is the most significant attack on asylum & migration rights since the EU was founded.
⚫️ A dark day for the EU.
— The Left in the European Parliament (@Left_EU) December 20, 2023
The Pact on Migration & Asylum just agreed, marks the death of the individual right to asylum in Europe.
This is the most significant attack on asylum & migration rights since the EU was founded.
Our full reaction to follow 👇#FightFortressEurope pic.twitter.com/4SqUstjO5C
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Centre-right says deal to 'reduce the migration pressure'
A Swedish member of the European parliament, Tomas Tobé, a member of the centre-right European People’s party, said that “the new rules will allow us to regain control over our external borders and reduce the migration pressure towards the EU”.
“This would not have been possible without the EPP Group. We have been a constructive and unifying force throughout the negotiations,” said Tobé, the parliament’s lead negotiator on the migration management law.
The Dutch MEP Jeroen Lenaers, the EPP group spokesperson on home affairs, outlined elements of the deal:
The pact intends to regain control over the EU’s borders. It is up to EU governments, not smugglers, to decide who enters Europe. For that, each part of the Migration Pact is equally important.
New Eurodac rules will allow for proper identification, helping to prevent irregular migration and unauthorised movement between EU countries.
Meanwhile, new harmonised rules on security checks will effectively screen all irregular arrivals at the external EU borders.
At the external borders, a clear distinction will be made between those who are in need of international protection and those who are not.
Those who represent a threat to security and those whose applications for international protection have low chances of success will have to go through a border procedure, ensuring support for those in real need of protection and the efficient return of those who are not.
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'We have proven the extremists on the left and right wrong,' says Renew Europe group
The centrist Renew Europe group in the European parliament has also welcomed today’s deal on the migration and asylum pact.
The French MEP Fabienne Keller said “today Europe has delivered”, adding:
We have proven the extremists on the left and right wrong. Finally, we will have a strong common asylum system based on responsibility and solidarity.
The German MEP Jan-Christoph Oetjen noted that under the terms of the deal, “the screening must be completed in a maximum of seven days. An extension will not be possible”.
He added:
This guarantees a quick collection of information and we put in place harmonised rules for those arriving. We were thus able to incorporate the core demands of Renew Europe into the migration pact. The screening regulation is the basis of the new border procedure which will significantly reduce the number of irregular arrivals to Europe.
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Von der Leyen: migration pact will ensure 'effective European response'
The European Commission president, Ursula von der Leyen, said this morning that “this Pact on Migration and Asylum will ensure that there is an effective European response to this European challenge.”
She added:
It means that Europeans will decide who comes to the EU and who can stay, not the smugglers. It means protecting those in need.
This Pact will also ensure that Member States share the effort responsibly, showing solidarity with those that protect our external borders while preventing illegal migration to the EU.
And it will give the EU and its Member States the tools to react rapidly in situations of crisis, when Member States are faced with large numbers of illegal arrivals or instrumentalisation when hostile countries deliberately attempt to destabilise the EU or its Member States.
The commission chief also noted that “alongside the Pact, the Commission supports Member States through concrete, operational measures to deal with immediate challenges” and is “implementing concrete action plans to fight illegal migration through the Mediterranean, the Balkans or the Atlantic.”
She said:
We are building partnerships with countries of origin and transit, to fight smugglers and traffickers and to ensure effective returns to their country of origin of migrants with no right to stay in the EU.
Today 'will go down in history,' European parliament president says
The president of the European parliament, Roberta Metsola, said “20 December 2023 will go down in history”.
“Europe has once again defied the odds. I’m very proud that with the Migration & Asylum Pact, we have delivered and provided solutions,” she said.
20th December 2023 will go down in history.
— Roberta Metsola (@EP_President) December 20, 2023
The day the EU reached a landmark agreement on a new set of rules to manage migration and asylum.
Europe has once again defied the odds.
I'm very proud that with the Migration & Asylum Pact, we have delivered and provided solutions. pic.twitter.com/Ic2AXYeKqN
EU reaches deal on migration and asylum pact
Negotiators from the European parliament and the Council this morning reached a political agreement on the bloc’s migration and asylum pact.
“We did it,” wrote Ylva Johansson, the EU’s commissioner for home affairs.
The Council of the EU said in a statement:
The five EU laws that the Spanish presidency and parliament have agreed on touch upon all stages of asylum and migration management, ranging from screening irregular migrants when they arrive in the EU, taking biometric data, procedures for making and handling asylum applications, the rules on determining which member state is responsible for handling an asylum application and cooperation and solidarity between member states and how to handle crisis situations, including cases of instrumentalisation of migrants.
The new rules, once adopted, will make the European asylum system more effective and will increase the solidarity between member states by enabling to lighten the load on those member states where most migrants arrive.
We did it. We have just reached a political agreement on the Pact on Migration and Asylum #migration
— Ylva Johansson (@YlvaJohansson) December 20, 2023
