On 14 May 2024, the EU adopted ten regulations and directives that together form the new Pact on Migration and Asylum. The aim of the reform is to curb irregular migration to Europe and to reduce secondary movements within the Schengen Area by harmonising and streamlining asylum procedures. Furthermore, the solidarity-based distribution of asylum seekers and other forms of support should ease the burden on Schengen member states with high migration pressure. The Federal Council welcomes this reform. In its view, Switzerland has a vital interest in a functioning and crisis-resistant European migration and asylum policy due to its geographical location.
New rules in Dublin Area
Five of the ten legal texts are binding on Switzerland, either in whole or in part. These include provisions clarifying which Dublin member state is responsible for examining an asylum application. Today's rules on responsibility remain fundamentally the same. However, shorter deadlines apply for clarifying responsibility. This means that asylum seekers can be transferred to another member state more quickly. In order to avoid secondary movements, the link between an applicant and a particular Dublin member state will be given greater consideration, while at the same time the transfer of responsibility for an asylum application from one Dublin member state to another will be made more difficult. The new Crisis Regulation lays down how states can temporarily deviate from certain rules in exceptional circumstances, such as with longer Dublin procedures.
The revised Eurodac Regulation ensures interoperability with other European IT systems. The database now contains the facial images and fingerprints of all persons aged six and over, as well as additional categories of persons. It also introduces a procedure for the rapid verification of persons from third countries who have entered the Schengen Area without fulfilling the entry conditions. The competent authorities will now use this to establish the person's identity, carry out a security check and identify any health issues on the spot.
Voluntary support
Under the reforms the EU is introducing a mandatory solidarity mechanism for the first time to distribute asylum seekers within the EU. Switzerland is not obliged to participate in the solidarity mechanism, but it can choose to do so on a voluntary basis. The Federal Council sees the solidarity mechanism as an opportunity to sustainably strengthen the European migration and asylum system. The Federal Council supports Switzerland's participation in the EU solidarity mechanism in principle. It has therefore instructed the administration to draw up proposals for how Swiss participation in this mechanism could be realised.
During the consultation proceedings, around half of those who took part, including the majority of the cantons, were in favour of adopting and implementing the five EU regulations in principle. Some cantons fear additional personnel and financial costs. Other consultation participants criticised the fact that the reform is based on containment and deterrence. They called for Switzerland to participate systematically and tangibly in the new solidarity mechanism.
Ergebnisse des Vernehmlassungsverfahrens(pdf, 903kb)
Botschaft(pdf, 2695kb)
Entwurf Bundesbeschluss zur Übernahme und Umsetzung der AMMR-Verordnung und der Krisenverordnung(pdf, 292kb)
Entwurf Bundesbeschluss zur Übernahme der Rückkehrgrenzverfahrensverordnung(pdf, 154kb)
Entwurf Bundesbeschluss zur Übernahme und Umsetzung der Eurodac-Verordnung(pdf, 288kb)
Entwurf Bundesbeschluss zur Übernahme und Umsetzung der Überprüfungsverordnung(pdf, 325kb)
Address for enquiries:
State Secretariat for Migration SEM, medien@sem.admin.ch
Publisher:
The Federal Council
Federal Department of Justice and Police
