The new European Pact on Asylum and Migration: what will change?

The European Pact on Asylum and Migration entered into force on June 11, 2024. It consists of nine regulations and one directive and applies in all EU countries from June 12, 2026. The rules largely take effect immediately, but the Netherlands still needs to make national decisions and transpose the Reception Conditions Directive into law. This will significantly change the asylum procedure, including how forensic medical examinations of asylum seekers are conducted and assessed, with consequences for the work of the iMMO foundation.

The Pact on Asylum and Migration has three objectives: more secure external borders, stricter and fairer asylum and return rules, and a balance between solidarity and responsibility. All EU countries have two years to implement it. The pact accelerates procedures with mandatory border screening, shorter decision periods (usually six months), and a solidarity mechanism: countries receiving large numbers of asylum seekers will receive support through relocation or financial aid.

Not everything is set in stone. Member states are free to decide on certain points, such as extending decision deadlines or offering free legal assistance. The Netherlands published a legislative proposal to implement the pact on December 23, 2024. The Council of State issued its recommendation on October 22, 2025: observe fundamental rights during detention, be clear about deadlines, and distinguish between residence status and residence permit.

Article 18 of the old Asylum Procedures Directive required Member States to arrange a forensic medical examination in cases of suspected torture. This obligation is absent in the new Asylum and Migration Pact; the focus is primarily on uniform procedures such as information and interviews. Article 20 of the pact does mention “special guarantees,” and Article 24 the possibility of “conducting a medical examination,” but there is no obligation to conduct a forensic medical examination, as previously stipulated in Article 18.

In the future, member states will still be able to arrange forensic medical examinations themselves; the question is whether the Dutch government will defer this. Finally, iMMO is concerned about whether the new screening procedure at the external borders offers sufficient safeguards for vulnerable asylum seekers who require forensic medical examinations.

iMMO closely monitors all new legal trends and developments. We recently attended the WRV meeting of the Dutch Council for Refugees, where workshops on the pact were held. In the coming period, we will continue to monitor how the Netherlands implements the regulations and what this means for the implementation of forensic medical examinations.