Members' Research Service By / January 15, 2021

Crisis and force majeure regulation [EU Legislation in Progress]

Since the 2015 migration crisis, attempts to reform EU asylum policy with the aim of establishing a more efficient framework resistant to future migratory pressures were largely unsuccessful, in particular because of an inability to reform the Dublin system, which determines the EU Member State responsible for examining asylum applications.

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Written by Anita Orav (3rd edition, updated on 06.06.2024),

In September 2020, the European Commission proposed a new pact on asylum and migration. The legislative package related to the pact includes a proposal for a regulation dealing with crisis and force majeure in the field of migration and asylum, aimed at establishing a mechanism for dealing with mass influxes and irregular arrivals of third-country nationals in a Member State.

The proposed regulation set out a solidarity mechanism procedure, allowing derogations from the Asylum and Migration Management Regulation (AMMR) as regards the procedural timeframes. Other derogations from the AMMR concern crisis situations, more specifically the asylum crisis management procedure, the return crisis management procedure, and the registration of international protection applications.

On 20 December 2023, European Parliament and Council negotiators reached a provisional agreement on this proposal. On 10 April 2024, the European Parliament adopted the text resulting from the interinstitutional negotiations. The Council adopted this text on 14 May 2024. The Crisis and Force Majeure Regulation was published in the Official Journal on 22 May 2024 and will apply from 1 July 2026.

Versions

Proposal for a regulation of the European Parliament and the Council addressing situations of crisis and force majeure in the field of migration and asylum
Committee responsible:Civil Liberties, Justice and Home Affairs (LIBE)COM(2020) 613
22.9.2020
Rapporteur:Juan Fernando López Aguilar (S&D, Spain)2020/0277(COD)
Shadow rapporteurs:Elissavet Ozemberg-Vrionidi (EPP, Greece)
Malik Azmani (Renew, the Netherlands)
Damian Boeselager (Greens/EFA, Germany)
Silvia Sardone (ID, Italy)
Jorge Buxadé Villalba (ECR, Spain)
Konstantinos Arvanitis (The Left, Greece)
Ordinary legislative
procedure (COD)
(Parliament and Council
on equal footing –
formerly ‘co-decision’)
Procedure completed Regulation (EU) 2024/1359
OJ L, 2024/1359, 22.5.2024

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