The EU Pact on Migration and Asylum Enters into Application: A Test for Europe and a Signal for the Western Balkans

On 12 June 2026, the EU Pact on Migration and Asylum enters into application, marking the beginning of a new phase in European migration governance. Following years of negotiations and legislative reforms, attention now shifts from adopting new rules to testing how they will function in practice.

The Pact represents the most significant reform of the Common European Asylum System in recent years. It introduces mandatory screening at the EU’s external borders, expanded use of accelerated border procedures, new responsibility-sharing arrangements between Member States, a strengthened return framework and an upgraded Eurodac system for the collection and exchange of information.

At its core, the reform is designed to make procedures faster and migration management more efficient. One of its key objectives is to prevent secondary movements and the so-called risk of absconding, ensuring that individuals remain available to the authorities throughout asylum or return procedures.

From a fundamental rights perspective, however, these elements have raised significant concerns. Civil society organisations, legal practitioners and human rights experts have warned that the reform places a stronger emphasis on migration control, border management and returns than on access to asylum procedures and safeguards for people in need of protection. There are also concerns that measures aimed at preventing absconding could lead to a more frequent use of immigration detention and restrictions on freedom of movement.

To address these concerns, the Pact introduces a number of safeguards. Member States are required to establish independent monitoring mechanisms to oversee compliance with fundamental rights during screening and border procedures and to provide free legal counselling at the administrative stage of asylum procedures.

Yet questions remain regarding the practical implementation of these safeguards. In several Member States, independent monitoring mechanisms have not yet been fully established or equipped with the necessary powers and resources. Civil society organisations have also pointed out that, despite their longstanding role in border monitoring, legal assistance and documenting human rights violations, they have often not been meaningfully involved in the design and establishment of these mechanisms.

Additional uncertainties remain regarding the organisation, funding and providers of free legal counselling. These issues are particularly important given that the Pact introduces accelerated procedures and shorter deadlines, making timely access to legal assistance more crucial than ever.

Particular attention will also be paid to the screening procedure, which serves as the entry point into the new system. The quality of vulnerability assessments conducted during screening may directly affect access to safeguards, reception conditions, detention decisions and the overall asylum procedure. Questions therefore remain as to whether the authorities responsible for screening have sufficient capacity and expertise to identify vulnerabilities and special protection needs at an early stage.

Although the Pact is an EU instrument, its implications extend beyond the Union itself. Countries in the Western Balkans are closely following these developments, as migration and asylum policies in the region are increasingly shaped by alignment with EU legislation and cooperation on migration management.

Particular attention has been drawn to the expanded use of the safe third country concept. The new framework allows Member States to rely more extensively on countries through which an asylum seeker has transited and where access to international protection may be considered available. This issue is especially relevant for the Western Balkans given the region’s position along key migration routes.

Ultimately, the success of the Pact will not be measured solely by the speed of procedures or the number of adopted laws. The real test will be whether the new system can strike a balance between efficiency and protection, ensuring that fundamental rights safeguards remain meaningful and effective in practice.

As a member of ECRE (European Council on Refugees and Exiles), the Macedonian Young Lawyers Association shares ECRE’s statement on the entry into application of the Pact, which highlights a number of concerns related to implementation gaps, access to asylum procedures and the effectiveness of fundamental rights safeguards across Europe.

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