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Summaries of EU Legislation

EU asylum and migration policy – Member State responsible for examining asylum applications and new solidarity mechanism (from 2026)

SUMMARY OF:

Regulation (EU) 2024/1351 on asylum and migration management

WHAT IS THE AIM OF THE REGULATION?

  • Regulation (EU) 2024/1351, a part of the European Union (EU) asylum and migration pact, aims to set up an EU-wide comprehensive framework for the management of asylum and migration and for the functioning of the common European asylum system.
  • It replaces the current Dublin III Regulation (see summary) and improves the system for determining the EU Member State responsible for examining asylum applications.
  • It sets out a permanent and mandatory, yet flexible, system of solidarity for Member States facing migratory pressure1 or a significant migratory situation2.

KEY POINTS

Common framework for asylum and migration management

The regulation establishes a new common framework that contributes to the comprehensive approach to migration management. It brings together internal and external components and is based on the principle of solidarity and fair sharing of responsibility between Member States.

As part of the comprehensive approach:

  • Member States must put in place strategies to ensure they have the capacity to run an effective asylum and migration management system that respects EU law and international legal obligations;
  • the European Commission will draw up a five-year European asylum and migration management strategy to ensure the consistent implementation of the national strategies.

Determining responsibility for asylum applications

The regulation aims to offer significant improvements to the procedure for determining the Member State responsible. In particular it aims to:

  • streamline some of the criteria for determining responsibility and introduce a new criterion linked to the acquisition of a diploma or qualification in a Member State;
  • reduce abuse and secondary movements of applicants between Member States (e.g. by setting clear obligations for applicants to apply in the Member State of first entry or legal stay and remain in the Member State determined as responsible, along with consequences for applicants in case of non-compliance with their obligations);
  • ensure that applicants’ actions do not lead to a shift of responsibility between Member States;
  • prioritise family cases, ensuring that families are brought together as early as possible in the asylum process;
  • provide swifter and more effective procedures by streamlining the procedure for returning an applicant back to the Member State responsible or shortening deadlines.

Solidarity

The regulation introduces a permanent and mandatory, yet flexible and needs-based, solidarity mechanism that includes the following features.

  • By 15 October each year, the Commission:
    • adopts a report on the asylum, reception and migratory situation across the EU and in all Member States;
    • decides whether a particular Member State is under migratory pressure, at risk of migratory pressure during the upcoming year or facing a significant migratory situation;
    • proposes the number of relocations and financial solidarity contributions required for the upcoming year.
  • Before the end of each year, the Council of the European Union adopts an implementing act that sets up the annual solidarity pool, which includes the number of required solidarity contributions and specific contributions provided by each Member State. Contributions can include relocation, financial contributions or alternative solidarity measures, such as deployment of personnel or measures focusing on capacity building.
  • Member States under migratory pressure benefit from these solidarity measures that are implemented during the following year.
  • Member States facing a significant migratory situation can request a partial or full deduction of their pledged solidarity contributions.
  • The entire process will be overseen and supported by an EU solidarity coordinator in the Commission.

FROM WHEN DOES THE REGULATION APPLY?

The regulation applies from . However, certain provisions have applied since .

Ireland participates in the regulation and Denmark participates in Parts III, V and VII of the regulation.

BACKGROUND

For further information, see:

KEY TERMS

  1. Migratory pressure. A situation caused by arrivals of such a scale that it creates disproportionate obligations on a Member State, even to a well-prepared asylum, reception and migration system.
  2. Significant migratory situation. A situation where the cumulative effect of current and previous arrivals causes even a well-prepared asylum, reception and migration system to reach the limits of its capacity.

MAIN DOCUMENT

Regulation (EU) 2024/1351 of the European Parliament and of the Council of on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013 (OJ L, 2024/1351, ).

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