In this post, part of a special RENFORCE Blog series on the enforcement of EU law, Salvatore Nicolosi acknowledges the potential of EU migration agencies to support Member States in enforcing EU rules, but explains how an enhanced form of EU law enforcement through agencies should not be detrimental to the legal guarantees of migrants.

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Salvatore Nicolosi and Paul Minderhoud

Last September 2020, the European Commission unveiled the New Pact on Migration and Asylum to commit the EU and its Member States ‘to build a system that manages and normalises migration for the long term.’ A fierce criticism has been already raised by scholars and civil society, claiming that this political platform is all but new and definitely unfit for the ‘fresh start’ sought by the Commission. In an attempt to contribute to this thriving debate, this post raises doubts on whether the Pact constitutes an effective paradigm shift in regulation and enforcement for EU asylum and migration law. As will be illustrated, the Pact reflects a regulatory framework that does not fix the existing divergences between the Member States, while at the enforcement level the approach is still precarious both as to the role of EU agencies and a strategy to ensure Member States compliance.

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