THE PACT’S PRACTICE

Perspectives from the ground– a Fenix series

On 8 September2020, a devastating fire burned down the refugee camp of Moria on Lesvos, leaving thousands of people homeless overnight. Two weeks after the disaster,the European Commission proposed its Pact on Migration and Asylum, a set of tennew laws intended to “translate European values into practical management” andhave “no more Morias”.[1] After years of negotiations, all ten laws have been adopted.Throughout the past years, academics, human rights organisations andpoliticians have spoken up against the erosion of the rights of people seekingasylum in Europe brought on by the Pact.[2]Fenix is gravely concerned about the pact’s effects on people arriving in Europe searching for safety.

Over the coming months, Fenix will publish its analysis of the Pact. The analysis will cover Fenix’s main areas of concern. Fenix recognises many of the Pact’s new laws and policies from its practice on Lesvos. The experience on the Greek islands has served as a Blueprint for the new European policies.[3]Many aspects of the Pact's rules have been in place in some shape or form onthe Greek islands for years. The Greek islands already keep migrants indetention-like facilities, a lack of solidarity already leaves many migrants stuck in overcrowded facilities in Greece and agreements with third countriesalready affect access to the asylum procedure for clients of Fenix. Thesepractices will become the norm along the EU’s external border. The experience Fenix has gained in working amidst these practices over the last six years makes us well-positioned to analyse the effects that the instruments of the Pact will have on the ground, on people in need of international protection.

The first post,which is published today, will analyse the situation at the external border. The introduction of sped-up border procedures for people arriving from countries from which less than 20% receive asylum status, or people travelling without documents is an area of concern.[4]In a later post, Fenix analyses the soft solidarity measures between Member States, which will leave many people stuck on the EU’s external borders and will make it harder to have effective access to asylum. Fenix is also bothered by the shifting of responsibility for people applying for asylum towards third countries in which respect for human rights cannot be guaranteed. This series will, also cover other aspects of the Pact which have already been in place onthe Greek islands.  

Despite its detrimental effects on fundamental rights, the Pact has been adopted. The EU and its Member States will focus on implementing the new legal instruments in the coming two years. The new laws come into application in June 2026. As theEU and its Member States develop their implementation plans, this analysis will unpack the Pact’s provisions around the main areas of concern. Throughout the analyses, Fenix will make recommendations on how the European Commission and the EU Member States should implement the legal instruments in a fundamental rights-compliant manner. These recommendations will be rooted in our on-the-ground experience.

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This series iswritten by Aron Bosman, Legal & Advocacy Officer and edited by Maaike Vledder, Country Manager and Ani Chiban, Deputy Director