A significant overhaul of the EU’s migration and asylum framework has recently come into effect, sparking criticism from French politicians about one of its fundamental clauses. Nevertheless, their assertions are deceptive.
Following prolonged negotiations among EU nations, the updated Pact on Migration and Asylum has finally been implemented.
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Adopted in May 2024 and enacted officially on 12 June, this legislative package aims to enhance border procedures and reform the asylum framework of the Union.
The regulation has become a frequent subject of inaccurate and misleading information.
One of the most contentious points is a new solidarity mechanism created to aid member states enduring the most intense migratory pressure: in recent years, nations like Italy, Greece, Cyprus, and Spain have handled the majority of migrants and asylum seekers arriving by land and sea.
Several politicians from France’s far-right National Rally party have criticised this migration pact, asserting that it permits the EU to impose fines on countries refusing to accept migrants.
Marine Le Pen stated on X that the pact «obliges European Union member states to accept migrants, or face penalties».
Additional posts from the National Rally party claimed that such fines would amount to €20,000 per migrant.
However, representing the regulation in this manner is deceptive and omits crucial context.
A solidarity mechanism
According to current EU asylum regulations, the member state where an irregular migrant first arrives typically bears responsibility for examining their asylum claim.
This system has imposed a disproportionate load on frontline countries such as Italy, Greece, Spain, and Cyprus, identified by the European Commission as the states experiencing the greatest migratory strain due to the majority of arrivals occurring there.
To rebalance this, the Pact on Migration and Asylum introduces a solidarity mechanism aimed at distributing responsibilities more equitably across the EU.
The approach is described by the European Commission as «mandatory but flexible solidarity».
The updated rules require all member states to participate in this solidarity mechanism. Nevertheless, they are not mandated to contribute by hosting asylum seekers relocated from frontline countries.
Relocation represents only one form of possible involvement. Alternatively, member states may offer operational assistance, fund border management initiatives, supply equipment and personnel, or provide financial resources.
This financial contribution option has been misunderstood by certain politicians: nations electing not to admit asylum seekers under the relocation scheme can pay €20,000 for every individual they choose not to accept. These funds are then allocated to member states facing the most substantial migratory demands.
A spokesperson for the European Commission clarified to The Cube, Euronews’ fact-checking unit, that «member states have full discretion in selecting any of these solidarity forms.»
Therefore, this payment does not constitute a penalty imposed on governments for refusing migrants, contrary to the claims by Le Pen and other National Rally members. Instead, it represents an alternative method of fulfilling obligations within the solidarity framework created by the pact.
The regulation indicates that at least 30,000 asylum seekers will be included in the relocation scheme, alongside a provision for a minimum of €600 million in financial support.
Still, the initial rollout of this pact has already exposed its political sensitivities.
Euronews reports that member states have committed to fewer than 9,000 relocations for 2026, with many opting for monetary contributions or other assistance forms over welcoming asylum seekers.