03 Sep 2021

The European Commission’s legislative proposals in the New Pact on Migration and Asylum

Sergio Carrera / Roberto Cortinovis / Lina Vosyliute / Jens Vedsted-Hansen / Evelien Brouwer / Eleni Karageorgiou / Giuseppe Campesi

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This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs as requested by the Parliament’s Committee on Civil Liberties and Justice (LIBE), aims to provide a detailed mapping and analysis of the central legal changes and issues characterising the five main legislative proposals accompanying the Pact on Migration and Asylum, presented by the European Commission in September 2020. The legislative instruments under consideration include a new Screening Regulation, an amended proposal for an Asylum Procedures Regulation, an amended proposal revising the Eurodac Regulation, a new Asylum and Migration Management Regulation, and a new Crisis and Force Majeure Regulation. As a second step, the study provides a critical assessment of the five proposals as to their legal coherence, fundamental rights compliance, and application of the principle of solidarity and fair sharing of responsibility enshrined in Article 80 TFEU.

This study has been coordinated by the Justice and Home Affairs (JHA) section at CEPS. Sergio Carrera was responsible for the overall scientific guidance and supervision of the study. Roberto Cortinovis was responsible for coordinating project implementation, with the support of the CEPS JHA team, Miriam Mir and Lina Vosyliūtė.

CEPS has counted on the following legal experts in leading the analysis of each of the Pact’s legislative proposals in the respective chapters comprising this study: Giuseppe CAMPESI (chapter 3), Jens VEDSTED-HANSEN (chapter 4), Evelien BROUWER (chapter 5), Eleni KARAGEORGIOU (chapter 6), Sergio CARRERA and Roberto CORTINOVIS (chapter 7). The authors are grateful to Ngo Chun LUK (CEPS) for his research assistance and for his contribution to the development of the visualisations included in this study.

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