New Pact on Migration and Asylum: Impermissible regression of standards for asylum seekers

Athens, 11 July 2024

The recent adoption of the reform of the Common European Asylum System (CEAS) in May 2024 marked the dismantling of the European Union (EU) rulebook and of core safeguards on refugee protection, as well as the entrenchment of broad derogation regimes and breaches of the rule of law.

Refugee Support Aegean (RSA) maintains its position that the CEAS reform represents an impermissible regression of hard-fought asylum standards developed through legislation, litigation and binding case law over the past two decades. This will inevitably undermine the protection of refugee rights as mandated by international and EU standards.

We further highlight that several provisions of the new CEAS directly contravene primary EU law, as they are irreconcilable with the 1951 Refugee Convention, the Charter of Fundamental Rights, the European Convention on Human Rights (ECHR) and other international conventions that form the bedrock of the CEAS. Respect for these binding standards entails no other solution than disapplying any contrary provisions in the EU Regulations.

Meanwhile, the European Commission has released a Common Implementation Plan aiming to assist Member States in the design of their respective CEAS national implementation plans by the end of 2024. These plans should outline legislative, administrative and operational changes with a view to bringing their asylum systems in line with the new framework by its start of application in June 2026.

Consultation with civil society is indispensable ahead of the preparation and submission of the Greek implementation plan on thew New Pact to the European Commission before the end of the year. Throughout this paper, we offer our analysis of selected concepts and changes to the asylum system brought about by the CEAS reform, with a view to highlighting the main issues and breaches attached to their impending implementation.