The European Migration Network (EMN) has published a new inform titled “Currently applicable asylum procedures at the border in view of implementing the Pact on Migration and Asylum.” Based on contributions from 25 EMN National Contact Points, it provides a comparative overview of how border procedures are currently applied under the Asylum Procedures Directive (2013/32/EU), ahead of the mandatory border procedure to be introduced by June 2026.
Under the Asylum Procedures Directive, Member States may examine applications for international protection at the border or in transit zones. As this provision is optional, border procedures are not established in all countries and, where they exist, differ in their legal basis, organisation and practical implementation. The implementation of the Pact on Migration and Asylum will bring a change, as the Asylum Procedure Regulation (EU) 2024/1348 will introduce, by June 2026, a mandatory asylum procedure at the border alongside a Return Border Procedure.
The inform shows that 12 EMN Member Countries currently carry out asylum procedures at the border or in transit zones, while 13 do not. Among those that do, some apply procedures only at airports, and in several countries legislation allows for such procedures but they are not implemented in practice.
Where border procedures exist, their organisation differs significantly. The inform highlights variations in the authorities responsible, the timelines applied, and the grounds used to channel applicants into the procedure. The publication also highlights differences in how the Dublin procedure intersects with border procedures, the use of detention or movement restrictions, and how vulnerable applicants and persons with special procedural needs are treated.
By mapping the differences across EMN Member Countries, the inform provides a comprehensive overview of how asylum procedures at the border are currently applied, establishes a basis for future comparison and supports Member States in preparing for the harmonised approach required under the Asylum Procedure Regulation (EU) 2024/1348.
The inform “Currently applicable asylum procedures at the border in view of implementing the Pact on Migration and Asylum” is available in the Publications section on the EMN website.