This policy brief, authored by Eleni Karageorgiou, analyses how the implementation of the Pact may affect access to protection within the EU. Despite progress in Member States’ preparations, recent reports indicate that significant challenges remain, including in terms of reception capacity, infrastructure and coordination.

The policy brief argues that implementation risks reinforcing a border-centred migration system, where a focus on efficiency and control may come at the expense of rights and legal certainty. Particular attention is drawn to the expansion of border procedures, increased possibilities for detention, and the increased use of external partnerships and so-called safe third countries.

Key conclusions and recommendations 

The policy brief shows that the implementation of the Migration and Asylum Pact will be crucial in determining whether the reform leads to a more efficient and legally secure asylum system. To succeed, several key areas are highlighted:

  • Strengthened administrative capacity
    Many Member States still lack sufficient resources to handle new asylum procedures. Investment is required in staff, reception systems, legal support and infrastructure – otherwise the reforms risk creating new bottlenecks rather than increasing efficiency.
  • Genuine solidarity and fair responsibility-sharing
    The new solidarity mechanism risks being limited if countries can opt out of relocation in favour of other contributions. For this to work, the following is required:
    • a greater focus on the redistribution of asylum seekers
    • clear criteria for what alternative funding is intended to achieve
    • monitoring to ensure that measures actually improve reception and rights
  • Legally secure procedures and stronger protection mechanisms
    The expansion of border procedures and fast-track processes increases the risk of legal uncertainty. Therefore, the following are needed:
    • early access to legal assistance
    • effective vulnerability assessments
    • independent scrutiny (e.g. by human rights institutions) to reduce the risk of incorrect decisions and rights violations.
  • Put protection at the centre
    The brief emphasises that the implementation of the Covenant is not merely a technical matter but one of principle. The crucial question is whether the right to asylum is safeguarded in practice or gradually restricted in favour of control and deterrence.

About the author

Eleni Karageorgiou is a senior researcher in international law at the Faculty of Law at Lund University, and has previously worked at the School of Business, Economics and Law at the University of Gothenburg and at the Raoul Wallenberg Institute of Human Rights and Humanitarian Law.

The Policy brief was published on 20 May 2026.

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