Asylum: What the "European Pact on Migration and Asylum" Changes

On June 12, 2026, the European Pact on Migration and Asylum will enter into force. Adopted in late 2024, this agreement represents a comprehensive overhaul of the system, aimed at harmonizing procedures across the 27 Member States and ensuring a faster and more consistent response to requests for protection.

For applicants for international protection, this new framework means more uniform rules and clarified processing timelines, as well as accelerated procedures. While the Pact strengthens certain rights, particularly access to legal aid, it also imposes greater procedural rigor.

In this context, support from a specialized attorney becomes an essential asset to ensure that each person’s case is handled under the best possible conditions and that their rights are effectively protected.

Major Changes: Between Formal Advances and Real Risks

The Pact is based on 10 legal texts (9 regulations and 1 directive) that apply directly in all EU countries. Here are the changes that affect your situation:

1. The Widespread Use of “Non-Entry” and Detention

The Pact expands the legal fiction of “non-entry,” which justifies screening procedures at the border for certain individuals, particularly if they come from a country where the average asylum recognition rate is below 20%, or if their identity needs to be verified. In such cases, detention can last up to 12 weeks, with more restricted access to justice and fundamental rights often set aside.

2. The asylum/return process: a race against time

From now on, any negative asylum decision will automatically be accompanied by a return decision (removal). This also means that the Pact eliminates the right to a systematic suspensive appeal (except for unaccompanied minors). This simultaneous processing aims to quickly clarify the applicant’s legal status and avoid prolonged uncertainty. Appeals against both decisions may be filed simultaneously, with deadlines adjusted to allow for an effective defense.

3. Enhanced legal assistance

This is a significant step forward: the Pact guarantees free legal advice from the moment the application is filed and representation at all stages of the procedure. This means that applicants will have the right to be assisted by a lawyer, even at the first instance, which was not previously the case in all Member States.

4. Faster access to work

The Reception Directive (EU 2024/1346) reduces the waiting period for access to the labor market to 6 weeks (compared to 6 months or more in many previous cases). This allows applicants to become self-sufficient more quickly, while benefiting from harmonized reception conditions.

5. Regulated mobility

Once protection has been granted, the right of residence is tied to the Member State that granted it. Travel to another EU country remains possible, but it is subject to more specific rules, particularly regarding family reunification, which can make these procedures more complex than before.

The Role of the Attorney: An Indispensable Partner

In this new context, the attorney plays an advisory and strategic role that is essential for navigating the system and avoiding procedural pitfalls.

1. Identifying and proving vulnerability

The law requires an assessment of the applicant’s situation within the first 30 days. If the person is a victim of torture, trafficking, or is an unaccompanied minor, they will not be subject to the expedited border procedure. The lawyer’s role: They must identify and prove these vulnerabilities from the very first contact by compiling the necessary medical or psychological records. This allows the procedure to be shifted to an appropriate process, outside the accelerated framework.

2. Managing deadlines and appeals

The simultaneous processing of asylum and return decisions creates a race against time. Missing a deadline to challenge deportation can result in immediate removal, even if the asylum case is still under review. The lawyer’s role: They manage this “dual timeline” by filing appeals at the right time, requesting stays of execution, and coordinating both legal proceedings to protect the individual’s right to remain in the country during the review.

3. Defending Fundamental Rights

While the Covenant strengthens controls, it strictly regulates the collection and retention of biometric data. The lawyer’s role: They challenge removal decisions based on flimsy grounds, defend the right to privacy against the mass collection of biometric data, and ensure that the rights of children and vulnerable individuals are respected, even in holding areas.

In summary: a clearer framework, but one that requires vigilance

The 2026 European Pact introduces significant changes aimed at creating a faster and fairer asylum system. Advances such as free legal aid and rapid access to work are major benefits for applicants.

However, the complexity of the new rules and the speed of the procedures make support from a specialized attorney essential. This allows you to understand your rights, prepare your case, and navigate this new legal framework with confidence.

The attorneys at Terracovats are already prepared to assist you through this transition. Their expertise allows them to grasp the specific challenges of this new Pact and to offer you tailored support, starting now, to ensure that your case is handled with the utmost rigor once the Pact takes effect.