EU Pact on migration and asylum

EU's Pact on migration and asylum - the reform of the Common European Asylum System

Despite the Danish legal reservations on EU asylum law, Denmark has joined parts of the Common European Asylum System (CEAS), such as the Dublin Regulation and the Eurodac Regulation. Due to Danish participation in the Schengen cooperation, Denmark is also bound by the Return Directive.   

The CEAS was established in 1999 to ensure common standards for the reception of asylum seekers and co-operation between the EU Member States. The rules have been amended several times, most recently with the EU Pact on Migration and Asylum (EU Pact), which was finally adopted by the Member States in May 2024.  

The EU Pact must be operationalized in all EU Member States from June 2026. To assist the Member States’ implementation, the European Commission has published a common implementation plan and the Member States can also get help from the EU Asylum Agency.   

Will the EU Pact be implemented in Denmark? 

As a continuation of the current parallel agreements and the Schengen cooperation, Denmark has decided to join: 

• The new regulation on the screening procedure 
• The reformed Eurodac regulation 
• The part of the regulation on asylum and migration management (AMMR) that replaces the responsibility rules of the Dublin III Regulation, but Denmark is not bound by the new solidarity mechanism
• The parts of the regulation on crisis and force majeure that regulates deadlines in relation to the responsibility rules
• A new national asylum border procedure that is similar to the EU asylum border procedure and can be activated by the Minister of Immigration and Integration
• The new regulation on a return border procedure that regulates return of asylum seekers, who have had their claims rejected in the national asylum border procedure

The Danish authorities have drafted a national implementation plan for the EU Pact that has not been published.   

In 2025, the Danish Ministry of Immigration and Integration presented a legal proposal for the implementation of the EU Pact in Denmark, which is being negotiated at the Danish parliament before implementation from June 2026. 

What is DRC's position on the EU Pact?

DRC has followed the reform of the Common European Asylum System, and we are concerned that the EU Pact will limit the rights of asylum seekers.

Read our press release here:

Danish Refugee Council's statement on the adoption of the EU Pact on Migration and Asylum  

DRC calls for the implementation of the EU Pact

To safeguard the rights of refugees and migrants and ensure a well-functioning asylum system, implementation of the EU Pact must address the current gaps and be in line with fundamental rights and international law.

• ACCOUNTABILITY. Ensure that the planning and implementation of the EU Pact safeguards the rights of refugees and migrants. To safeguard the fundamental rights of refugees and migrants asking for international protection in the EU, the Members of the European Parliament have an important role in monitoring both the planning phase of the Pact implementation as well as the operationalization.
• THE RIGHT TO ASYLUM. Ensure access to fair and effective asylum procedures. The EU Pact introduces both new and often complicated procedures while also limiting the right to appeal, which will be challenging for asylum seekers to navigate. The increased use of border and admissibility procedures, most likely during detention, can have a negative impact on a person's ability to meaningfully engage in the asylum procedure, thereby risking refoulement. It is paramount that asylum systems have the necessary capacity to ensure that asylum seekers get access to high-quality and independent legal aid throughout the procedure and that they have access to effective remedies.
• ADEQUATE RECEPTION. Ensure access to adequate reception conditions - not detention. With the Pact, refugees and migrants are not perceived as having entered EU territory until the authorities have allowed them to enter, the so-called fiction of non-entry. Asylum seekers are also required to remain at specific locations during the initial part of the screening and border procedures. This new framework might lead to asylum seekers being imprisoned upon arrival to the EU. Asylum seekers should not be detained for claiming asylum, especially not children and families. Detention should only be used based on justifiable reasons and as a last resort as the deprivation of liberty limits access to legal aid and the judicial system, thereby hindering access to fair and efficient asylum procedures.
• ADDRESS THE REASONS FOR ONWARD MOVEMENT. Rather than sanctioning asylum seekers for moving within the EU, the drivers for onward movement should be addressed. Article 43 of the AMMR limits the right to appeal although the Pact has not addressed the current reasons that people move within the EU. Drivers behind onward movement in the EU are often the wish to reunite with family or having experienced pushbacks or undignified living conditions in the first EU Member State of arrival. When applying the responsibility rules of the AMMR, the EU Member States must ensure that the individual situation of an asylum seeker is adequately considered, including rights of families and children.
• SOLIDARITY. Ensure a well-functioning solidarity mechanism. The EU Pact aims to counter the additional responsibility of increased use of border procedures through the new solidarity mechanism, introduced with the AMMR. To ensure that the Member States at the EU's external borders receive the necessary support from the other EU Member States, pledges should focus on expanding capacity of the national asylum and reception systems to ensure that implementation gaps does not violate rights of asylum seekers.

Read DRC's full recommendations here: 

Ensuring fair implementation of the EU pact to protect rights for refugees and migrants

Ensuring fair asylum procedures requires access to high-quality independent legal aid