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EU signs off reforms on migration, asylums

European Union countries approved the sweeping New Pact on Migration and Asylum in the EU, France 24 reported.

EU countries approved the changes on Tuesday, May 14, as campaigning for next month’s European elections gained momentum. Migration is expected to be a key issue. EU government ministers approved 10 legislative parts of The New Pact on Migration and Asylum. It sets out rules for the 27 member states on how to deal with people trying to enter without authorisation.

The Pact includes guidance on determining whether they are entitled to protection and what to do if they are not allowed to stay. Hungary and Poland, which had long opposed any obligation for countries to accept migrants or pay for their maintenance, voted against the pact but failed to block it.

Major political parties believe the pact addresses problems that have arisen since more than 1 million migrants rushed into Europe in 2015. Most of them were fleeing the war in Syria and Iraq. They hope the system will deprive national-oriented movements of a push to triumph in the June 6-9 elections.

The New Pact on Migration and Asylum will not come into force until 2026. However, critics argue that it will not bring an immediate solution to an issue that has provoked one of the EU’s biggest political crises. The migration issue has divided countries over who should be responsible for migrants when they arrive and whether other countries have an obligation to help.

The agreement would allow countries to detain migrants at borders and fingerprint children, critics added. Such a move infringes on people’s right to seek asylum. Many fear it will lead to more unfair deals with poorer countries that people leave or cross to get to Europe.

Obsolete laws

European asylum laws have not been updated in about two decades. As a result, the system collapsed in 2015. It was based on the premise that migrants should be granted asylum or returned to the country they originally came from.

Greece, Italy, and Malta had to shoulder much of the financial burden and deal with public discontent. Since then, the document check-free zone known as the Schengen zone has expanded to 27 countries. This means that more than 400 million Europeans and visitors, including refugees, can travel without providing travel documents.

The country into which people arrive will check them at or near the border. This comprises identity and other checks, including on children as young as 6. A huge new Eurodac database will hold the information.

This check should determine whether a person may pose a health or security risk and their chances of being allowed to stay. Generally, people fleeing conflict, persecution or violence are eligible for asylum. However, job seekers are likely to be barred from entry. This should lead to one of two outcomes: an application for international protection or deportation to the home country.

More details on New Pact

People seeking asylum must submit their application in the EU country they first entered and remain there until the authorities determine which country should process their application. The border procedure must end within 12 weeks, including time for a single legal appeal if the application is rejected.

The time could be extended by eight weeks during periods of mass movements of people. The procedures could be quicker for applicants from countries whose nationals are not often granted asylum. However, critics argue that this undermines asylum law, as applicants should be assessed individually rather than on the basis of nationality.

To speed up the process, deportation orders should be issued automatically if an asylum request is rejected. Moreover, the EU Border and Coastguard Agency will help organise joint deportation trips.

Presently, less than one in three people who receive a departure order face deportation. This is often due to a lack of co-operation from the countries these people come from. However, new rules now oblige countries to assist an EU partner under migratory pressure.

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