Understanding the EU Migration Pact: What the New Screening Procedure Means

SERIES: EU Pact on Migration and Asylum

The European Pact on Migration and Asylum introduces a new screening procedure for certain third-country nationals arriving in the European Union. Although it may sound like a simple administrative step, screening is one of the most important parts of the Pact. It determines what happens immediately after a person arrives at the EU’s borders, and which procedure they will be directed to next.

Representation of the screening procedure (Source: European Commission Migration and Home Affairs)

The screening procedure applies mainly to people who do not fulfil the conditions for entry into the EU. This includes third-country nationals who cross the EU’s external borders irregularly, people who apply for international protection at an external border crossing point without meeting the normal entry conditions, and people disembarked after search and rescue operations. It can also apply to individuals apprehended inside the territory of a Member State if they appear to have entered the EU irregularly and avoided border controls.

The aim of screening is to create a common first step across the EU. Before a person is directed towards an asylum procedure or a return procedure, authorities must carry out several checks. 

• The first part of the screening is the identity check. This is used to establish or verify who the person is and where they come from. Authorities may examine identity or travel documents, collect personal information, and use biometric data such as fingerprints or facial images. This helps determine whether the person has already been registered in another Member State or has previously applied for asylum.

• The second part is the security check. This check aims to identify whether the person may pose a threat to internal security or public order. Authorities may consult relevant European and international databases to identify any potential security concerns.

• The third part is the health check. Many people arriving at the EU’s borders have experienced long and dangerous journeys. Some may need urgent medical care. The health check is therefore intended to identify immediate medical needs and possible health concerns.

• The fourth part is the vulnerability check. This is particularly important from a human rights perspective. It aims to identify people who may need special protection or adapted procedures. 

The screening procedure must be completed within strict time limits. At the EU’s external borders, it should normally be completed within seven days. When a person is apprehended inside the territory of a Member State after apparently entering irregularly, the screening should be completed within three days. These short deadlines reflect the Pact’s objective of making migration management faster and more efficient.

At the end of the screening, the authorities decide which procedure should be followed. The screening itself does not determine whether someone receives asylum or must return. Instead, it acts as a gateway to the next stage.

Overall, the screening procedure is designed to make the arrivals more organised and faster across Member States. However, it also raises serious concerns from a human rights perspective. The short time limits, the location of the procedure at or near borders and the possible restriction of movement may make it difficult for people to access legal assistance, interpretation, medical care and independent information about their rights. There is also a risk that vulnerabilities, including trauma, trafficking, disability or mental health needs, may not be properly identified within such a limited timeframe.

If screening becomes mainly a tool for filtering people quickly into accelerated or return procedures, rather than a genuine safeguard, it could weaken access to protection and increase the risk of rights violations. Ensuring independent monitoring, access to NGOs and lawyers, and a meaningful vulnerability assessment will therefore be essential.