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The European migration landscape is undergoing a significant transformation with the entry into force of the Migration and Asylum Pact.
This complex legislative framework is intended to better coordinate the management of migration and asylum claims among the Member States of the European Union (EU). Starting today, the European Commission will offer tailor-made technical support and expert advice to nine Member States, including Italy, to facilitate the implementation of this new plan.
The Migration and Asylum Pact formally entered into force on 11 June, after a legislative process that lasted a full legislature. However, the effective application of the new rules will still take two years. The common implementation plan defined by the European Commission includes ten interdependent building blocks, necessary for the functioning of the complex legislation. Among them, Italy will receive assistance in eight out of ten thematic blocks, excluding Eurodac and the functioning of solidarity.
The Pact represents a step forward in harmonising EU migration and asylum policies, seeking to balance solidarity and responsibility among Member States. With a deadline of 12 December 2024 for submitting their national implementation plans, Member States will need to quickly develop their strategies and coordination structures. The European Commission opened a call in June to assist Member States in preparing their national implementation plans. Nine countries responded to the offer: Belgium, Estonia, Germany, Greece, Ireland, Italy, Portugal, the Czech Republic and Romania. These countries will receive targeted expert advice for four months (until the end of November), with the aim of updating national legislation and reviewing administrative and judicial processes.
For Italy, the European Commission’s support will focus on eight thematic blocks, excluding Eurodac and solidarity. Areas of intervention will include legislative reforms in the area of responsibility, analysis of the current structure of the Dublin Unit, organisation and staffing. Furthermore, there will be a focus on horizontal issues such as the guarantee of free legal advice, alternatives to detention, representation and protection of unaccompanied minors and the creation of an independent mechanism for monitoring fundamental rights.
The new system of the Pact on Migration and Asylum is based on a delicate balance between solidarity and responsibility. The management of migrants will be regulated by the Regulation on the management of asylum and migration (RAMM), which maintains the principle of the 2013 Dublin Regulation: the first Member State of entry is responsible for examining asylum applications. This principle puts considerable pressure on the countries of first entry such as Italy, Greece, Malta, Cyprus and Spain. One of the main novelties is the introduction of a mandatory solidarity mechanism for all Twenty-seven, which will enter into force 24 months after the publication of the Regulation in the Official Journal of the EU. Solidarity will be expressed through three forms: relocation of migrants, financial contributions or support to third countries. This system aims to distribute the burden of migration management equally among all Member States, based on criteria such as GDP and population.
Italy will have to face several challenges in preparing the national implementation plan. These include adapting infrastructure, updating information technology, managing costs and procurement, and training staff. Another critical aspect will be the implementation of border procedures, which provide for de facto detention for migrants, with no exemptions for families with children under 12. The Asylum Procedures Regulation (APR) imposes stringent obligations on countries of first entry, increasing the period of responsibility for managing asylum applications and maintaining rigorous border procedures. Italy will have to ensure that asylum applications are processed within six months, and manage migrant detention in accordance with the new regulations.
The assistance of the European Commission represents a crucial support for Italy and other Member States in the implementation phase of the Migration and Asylum Pact. The challenge for Rome will be to quickly adapt its legislation and operational structures to meet the deadlines set, while ensuring respect for the fundamental rights of migrants and asylum seekers. The common goal is to create a fairer and more sustainable European migration system, which effectively combines solidarity and responsibility. Collaboration between Member States and the support of the European Commission will be essential to achieve this ambitious and necessary goal.
Alessandro Fiorentino