The EU New Pact on Migration and Asylum: what changes for Romania as a border and transit state

This guide explains, in plain language:

• what the New Pact is and which pieces of legislation it contains;
• what border screening, accelerated procedures and the border asylum procedure mean in practice for people intercepted at the border;
• how the solidarity mechanism works (relocation and financial contributions between states);
• what the main controversies are: asylum seekers’ rights, risk of pushbacks, pressure on border states;
• how the Pact concretely affects Romania (Serbia border, transit flows towards Hungary, role of the Border Police, conditions in asylum centres);
• what people affected can do in practice, with the help of a lawyer or specialised NGOs.

Throughout, you will find links to official EU documents, policy papers and recent reports on Romania’s asylum and border system, so that any interested reader can verify and explore the sources.

1. EU framework: what is the New Pact on Migration and Asylum?

1.1. How the Pact emerged and when it was adopted

The European Commission first presented the New Pact on Migration and Asylum in September 2020, against the backdrop of long‑standing tensions between Member States: some exposed to high numbers of arrivals by sea or land (Greece, Italy, Spain), others opposing mandatory relocation schemes. The stated aim was to create a “predictable and reliable” system that combines effective border management with respect for fundamental rights and access to protection for those who need it.

After four years of negotiations, the European Parliament and the Council of the EU reached political agreement on the main regulations. Parliament adopted the laws in April 2024 and the Council followed in May 2024. The regulations were then published in the Official Journal and entered into force later in 2024. An official overview can be found on the European Commission’s page: Pact on Migration and Asylum – European Commission , and in the Council’s press release on the adoption of the Pact: The Council adopts the EU’s Pact on Migration and Asylum .

1.2. Which legal acts make up the Pact

The New Pact is not a single regulation, but a package of ten legal acts and amendments to existing legislation, including:

• Asylum and Migration Management Regulation (AMMR) – creates a common framework for managing migration and asylum in the EU and introduces a mandatory solidarity mechanism to support Member States under pressure through relocations, financial contributions or operational support.
• Asylum Procedures Regulation (APR) – harmonises asylum procedures, and regulates in detail accelerated procedures and the border procedure, including strict time limits and procedural guarantees.
• Screening Regulation – establishes a short, compulsory screening procedure at or near external borders for people entering irregularly or disembarked after search‑and‑rescue operations, with identity, security and vulnerability checks.
• Recast Eurodac Regulation – expands the EU‑wide database of biometric and other data on asylum seekers and certain categories of migrants, to better identify which state is responsible and to support return procedures.
• Regulation addressing situations of crisis and force majeure – sets special rules for managing very large numbers of arrivals or crisis situations (wars, political collapse, disasters).
• Other acts on reception conditions, qualification for protection, return border procedures and resettlement frameworks.

A concise list of all ten legislative acts and their references is available, for example, in the overview by the Danish Refugee Council: EU Pact on Migration and Asylum – DRC overview , and in the explanatory materials of the Swedish Migration Agency: What is the new EU migration and asylum pact about? .

1.3. Timeline: from entry into force to full application in 2026

The regulations under the New Pact entered into force in 2024 (20 days after publication in the Official Journal), but they are not applied overnight. Member States have a transition period of roughly two years to build capacity, adapt procedures and amend national legislation where needed.

According to the Commission and independent analyses, the bulk of the Pact is expected to be operational across the EU by mid‑2026. This means that by summer 2026 the screening procedure, border asylum procedure and solidarity mechanism should be functioning in Romania as well.

To prepare, Member States are drawing up national implementation plans. Romania’s plan covers changes in the Border Police’s work at the external border, in the General Inspectorate for Immigration (IGI), in asylum centres and in information systems.

2. The current migration and asylum situation in Romania

2.1. Romania as border and transit state

Romania occupies a specific position in the EU’s migration landscape. It is:

• an EU and Schengen Member State (Schengen for air and sea borders as of 2024);
• a country with important external land borders with Serbia, Ukraine and Moldova;
• a transit route for people aiming to reach Hungary and further west.

According to the 2024 update of the AIDA Country Report on Romania, asylum seekers enter Romania mainly:

• through the south‑western border with Serbia, falling under the Timișoara Border Police sector;
• through the border with Bulgaria, either by land or crossing the Danube;
• through the northern border with Ukraine, where the context is heavily influenced by the war and the regime of temporary protection for people fleeing Ukraine.

Romania is also frequently perceived as a “corridor country”: people enter legally or irregularly, then try to continue towards Hungary and other Schengen states. This reality explains why Romania is interested both in the control‑ and return‑oriented parts of the Pact and in the guarantees on human rights and solidarity.

2.2. Recent data on asylum applications

Recent AIDA updates and Eurostat statistics show a sharp fluctuation in asylum applications in Romania. After a peak of 10,346 applications in 2023, numbers dropped to around 2,467 applications in 2024. Syrians and Iraqis were among the main nationalities in 2024, while applications from Bangladeshi citizens decreased significantly compared to 2023.

These changes are linked to:

• shifting routes along the Western Balkans corridor;
• enhanced cooperation between Romania and Serbia on preventing irregular crossings;
• the EU pilot project for fast asylum and return procedures with Romania at the Serbia border, implemented in 2023, which influenced both flows and practices.

2.3. Asylum centres and reception conditions

Romania’s reception system is managed by the General Inspectorate for Immigration – Asylum and Integration Directorate (IGI‑DAI). There are six Regional Centres for Procedures and Accommodation of Asylum Seekers, located in Timișoara, Șomcuta Mare (Maramureș), Rădăuți (Suceava), Galați, Giurgiu and Bucharest.

Recent AIDA and UNHCR reports on Romania describe a mixed picture:

• some centres have undergone renovation and upgrades (for example, improved sanitary facilities and common areas in Rădăuți);
• capacity is sometimes tight, but reinforced with additional containers and equipment provided with support from the EU Agency for Asylum (EUAA);
• material assistance (food allowance, clothing, pocket money) and counselling services are provided, with important contributions from NGOs such as the Romanian National Council for Refugees (CNRR) and JRS Romania.

At the same time, the system has structural vulnerabilities: conditions can deteriorate quickly if arrivals increase; access to medical care, schooling and psychological support is uneven; and some centres are located far from urban areas, which complicates integration and legal support.

2.4. Allegations of pushbacks and use of border procedures

Over recent years, several reports by AIDA and human rights organisations have documented allegations of pushbacks and abusive treatment at the Serbia–Romania border: beatings, use of pepper spray, destruction of personal belongings, and quick returns without giving people a real chance to apply for asylum.

In parallel, Romania was one of the states involved in the EU pilot for fast asylum and return procedures, launched by the European Commission in 2023. The Commission’s own reporting on this pilot highlights strengthened joint patrols with Serbia, increased use of accelerated procedures for manifestly unfounded claims and close cooperation with Frontex and EUAA.

These experiences are relevant because the New Pact generalises exactly this type of logic: faster triage at the border, reliance on screening and border procedures and a closer link between asylum and return from the very beginning.

3. New mechanisms at the border: screening and the border procedure

3.1. Border screening: initial checks and “sorting”

A key novelty of the Pact is the Screening Regulation, which introduces a short but compulsory procedure called screening. It applies to all third‑country nationals who:

• enter the EU irregularly at an external border (for Romania, for example, crossing from Serbia or by river);
• are disembarked after search‑and‑rescue operations;
• or are found already on a Member State’s territory without fulfilling the entry conditions.

Screening must be carried out near the external border within a maximum of seven days and includes:

• identity checks and registration of basic data;
• health and vulnerability checks;
• security checks against relevant databases;
• registration in the Eurodac database, including fingerprints and photographs.

At the end of screening, the authorities decide whether the person is channelled to:

• the regular asylum procedure;
• the border asylum procedure (a form of accelerated procedure at or near the border);
• or a return procedure, if no asylum application is lodged and no protection concerns arise.

In theory, screening must respect the principle of non‑refoulement – people must not be sent back to a country where they face a real risk of persecution or serious harm – and must ensure that anyone who wishes to apply for asylum can effectively do so. In practice, NGOs and scholars warn that screening risks becoming an opaque filter, especially if it takes place in remote border locations with limited access for lawyers, NGOs and independent monitors.

3.2. Accelerated procedures and the border asylum procedure

The Asylum Procedures Regulation revises and harmonises rules on accelerated procedures and the border procedure. The basic idea is that certain claims can be examined much faster, particularly where the applicant comes from a country listed as “safe” or where the claim is considered manifestly unfounded or abusive.

In the border asylum procedure:

• the claim is examined at or near the border, before the person is formally admitted into the state’s territory in legal terms;
• there are strict time limits, with many cases expected to be completed within around 12 weeks, including appeal;
• during this period, applicants may be kept in closed or semi‑closed facilities close to the border, with restricted freedom of movement;
• special rules exist for families and children, but there are serious concerns about how well vulnerabilities will be identified in a fast‑track setting.

From the perspective of institutions, the main advantage is speed: cases considered weak do not remain for long in the system, while people with protection needs should be channelled towards regular procedures. Critics point out that compressing complex asylum cases into very short deadlines, with limited access to legal aid and interpretation, increases the risk of mistakes and unfair rejections.

3.3. Eurodac and enlarged data collection

The recast Eurodac Regulation is another key component of the Pact. Eurodac was originally a database for fingerprints of asylum seekers, used to apply the Dublin rules on responsibility. Under the Pact, Eurodac becomes a more complex system that:

• stores more types of data (including photographs and additional biometrics);
• covers more categories of people (not only asylum seekers, but also people intercepted at borders or subject to return procedures);
• is accessible to more authorities, including some law‑enforcement bodies, under certain conditions.

For a person intercepted at the Romania–Serbia border, this means that their data will circulate more easily between authorities across the EU. This can help avoid multiple asylum applications in different states, but it also raises serious questions about data protection, proportionality and the duration of data storage.

4. The solidarity mechanism: relocation, money and Romania’s position

4.1. How the solidarity mechanism works

One of the most politically sensitive parts of the Pact is the solidarity mechanism laid down in the Asylum and Migration Management Regulation. The goal is to support Member States under migratory pressure so that responsibility is not concentrated only at certain borders.

In outline, the mechanism provides for:

• an annual minimum solidarity threshold at EU level of 30,000 relocations (moving asylum seekers or beneficiaries of protection from one Member State to another);
• an annual minimum financial contribution of around EUR 600 million, through contributions from Member States that prefer to support financially rather than by receiving relocated persons;
• the option of alternative solidarity measures (deployment of staff, operational support, funding for infrastructure, etc.).

4.2. Romania as potential beneficiary and contributor

Romania is neither Italy nor Greece in terms of absolute numbers of arrivals, but it is not a peripheral actor either. It has an important external land border with Serbia and has already been involved in pilots on enhanced border management and accelerated procedures.

In concrete terms, Romania could, under the Pact:

• be a beneficiary of solidarity – if, during a given year, arrivals increase sharply and national capacities are stretched, Romania might request relocations from its territory or extra financial and operational support;
• be a contributor – in years when pressure is lower, it might agree to receive people relocated from other Member States or to pay into the EU‑level solidarity pool;
• play both roles over time, depending on migratory routes and political choices.

4.3. Possible impact on centres and local communities

For local communities in Timișoara, Giurgiu, Galați, Rădăuți, Șomcuta Mare or Bucharest, the Pact may translate into very concrete changes:

• higher numbers of people hosted in existing asylum centres, including relocated persons;
• the need to expand or modernise infrastructure – new centres, temporary facilities (containers), better equipment;
• greater demand for interpretation, legal aid, social work, education and integration services;
• potential tensions if communication with local residents is weak and if there are no clear plans and resources for integration and community support.

On the positive side, when properly managed and funded, Pact implementation can also bring additional resources to host communities: EU funds, infrastructure projects and jobs in social and integration services. This depends, however, on how effectively Romanian authorities negotiate and use the available tools.

5. Human rights risks: pushbacks, detention and vulnerable groups

5.1. Risk of pushbacks and limited access to asylum

One of the central criticisms voiced by NGOs and experts is that the Pact risks normalising practices of refusal and deterrence at the expense of genuine access to asylum. If screening and border procedures are implemented in a way that prioritises speed and control, people may face:

• discouragement from lodging an asylum claim;
• lack of clear information in a language they understand;
• summary negative decisions without thorough individual assessment.

In Romania, allegations of pushbacks at the Serbia border add to this concern. When people are returned quickly to Serbia without being allowed to register an asylum application, they are effectively denied access to the protection system. Proving such incidents is difficult, especially if there is no access to independent observers, lawyers or NGOs at the time of the events.

5.2. De facto detention at the border and reception conditions

Screening and border procedures can be accompanied by deprivation or severe restriction of liberty: mandatory stay in transit‑like facilities or closed centres near the border, limited contact with the outside world and, sometimes, inadequate conditions.

The risks are clear:

• overcrowding and poor material conditions, especially if arrivals increase suddenly;
• limited access to healthcare, mental‑health support and legal assistance;
• risk of violence, exploitation or abuse, particularly for unaccompanied children and single women;
• difficulty in lodging appeals or gathering evidence when communication with the outside world is restricted.

5.3. Vulnerable groups: children, families, traumatised persons

On paper, the Pact recognises the need for stronger safeguards for vulnerable people: unaccompanied minors, families with children, people with disabilities, victims of torture or trafficking, and others. In practice, identifying these vulnerabilities during a short screening and within accelerated procedures is a major challenge.

If vulnerabilities are not detected and addressed:

• unaccompanied children may be treated as adults, without guardians or specialised support;
• survivors of violence or torture may be subjected to interviews and controls that aggravate their trauma;
• entire families may be kept in closed facilities without adequate psychological support, schooling or social assistance.

This is why the presence of independent NGOs, specialised social workers and lawyers in centres and at or near border locations is crucial. People affected must know that they can seek help independently of the authorities managing their cases.

6. Possible litigation and legal oversight

6.1. Challenging decisions taken in border procedures

The Pact does not abolish the right to appeal against asylum rejections or decisions to refuse entry. However, in accelerated and border procedures, deadlines for appeals are very short, and it can be difficult to gather evidence and build a strong case in time.

In Romania, decisions by the General Inspectorate for Immigration in asylum procedures can be challenged before national courts. Lawyers can invoke not only national asylum law but also EU law and the European Convention on Human Rights. Typical legal arguments include:

• violations of the right to a fair trial and an effective remedy;
• failure to carry out an individualised assessment of the claim;
• breach of the principle of non‑refoulement when a person is removed to a country where they face a real risk of persecution or inhuman treatment.

6.2. Administrative litigation and criminal complaints

Beyond asylum‑specific litigation, there may be:

• administrative court actions against acts or practices of border authorities (for example, refusal to register an asylum application, lack of access to the file, lack of translation);
• criminal complaints where individuals allege violence, theft or other abuses by state agents at the border or in detention‑like facilities.

6.3. Cases before the CJEU and ECtHR on the Pact and its implementation

At European level, it is likely that implementation of the Pact will give rise to strategic litigation before the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). Possible questions include:

• whether certain aspects of the border procedure are compatible with the right to asylum and effective remedies under the EU Charter of Fundamental Rights;
• whether detention‑like conditions at border facilities meet human‑rights standards;
• whether practices of pushbacks or insufficient screening respect the prohibition of collective expulsion and the non‑refoulement principle.

7. The role of lawyers and NGOs in protecting rights

7.1. How a lawyer can help an asylum seeker or migrant

In the context of the Pact and its border‑ and speed‑oriented procedures, the role of lawyers becomes even more crucial. A lawyer specialised in asylum and migration law can:

• explain in clear terms what type of procedure applies (regular, accelerated, border) and what the deadlines are;
• help the person tell their story coherently and present the reasons why they fear persecution or serious harm;
• check whether procedural rights were respected (information in a language understood, use of an interpreter, access to the file);
• draft appeals and complaints, including urgent requests for suspensive effect;
• coordinate a long‑term legal strategy, including potential applications to the ECtHR.

If you or a relative are affected by such procedures, it is important to seek specialised legal assistance as early as possible. On maglas.ro you will find explanatory articles on fundamental rights, administrative litigation and judicial cooperation, as well as contact details for individual assistance.

7.2. NGOs offering help in Romania

Alongside lawyers, several NGOs provide information, counselling and social support to asylum seekers and migrants in vulnerable situations. Among them:

• Romanian National Council for Refugees (CNRR) – offers legal counselling and assistance at all stages of the asylum procedure, including in regional centres. More details are available on CNRR’s website.
• JRS Romania – provides legal, social and psychological assistance, works in reception and detention centres and runs integration projects. Information is available at JRS Romania.
• UNHCR Romania – the UN Refugee Agency’s country office, which maintains an updated list of NGOs and services on the page Where to seek help – UNHCR Romania .

7.3. Why thorough documentation matters

Whether you are at the border, in an asylum centre or already in court proceedings, documenting your situation is essential. Some practical tips:

• keep any paper received from the authorities (and take photos of them if possible);
• write down dates, times, names of officials and details of places where you were kept;
• if you suffer violence, request a medical examination and keep the report;
• where lawful and safe, try to obtain photographs or recordings that can later support your account;
• contact an NGO or lawyer as soon as possible, to avoid missing short deadlines.

Conclusions: how the Pact looks from Romania and what you can do

The New Pact on Migration and Asylum is a major overhaul of EU rules. For Romania as a border and transit country, it means:

• mandatory screening at the border and faster procedures that directly affect people stopped at the frontier;
• possible use of facilities with restricted freedom of movement near borders;
• participation in a European solidarity mechanism, either as a beneficiary, a contributor or both;
• increased importance of documentation, legal counselling and independent monitoring of borders and centres.

For people on the move, asylum seekers and their families, the key message is: do not face the system alone. Get informed, ask for help, document your situation and seek advice from a lawyer or specialised NGO. Laws and procedures are changing, but fundamental rights – to life, dignity, asylum and protection against inhuman treatment – remain and can be defended in court.

If you are directly affected by a border procedure, an asylum rejection or abusive treatment at the frontier, you can seek specialised legal advice, including through the contact page of my law office: contact a lawyer in Bucharest – Măglaș Alexandru .

Frequently asked questions (FAQ) – New Pact on Migration and Asylum and its impact on Romania

1. What is, in simple terms, the EU New Pact on Migration and Asylum?

It is a package of ten legal acts that sets out how EU countries manage arrivals of migrants and asylum seekers. It introduces mandatory border screening, common procedural standards (including accelerated and border procedures) and a solidarity mechanism so that states facing high numbers of arrivals are supported by others through relocations, financial contributions or operational help.

2. From when will the Pact effectively apply in Romania?

The regulations entered into force in 2024, but most of their provisions will be applied after a transition period. The Pact is expected to become fully operational across EU Member States from around mid‑2026. Until then, Romania is adapting procedures, infrastructure and information systems in line with its national implementation plan.

3. Does the Pact mean that Romania will receive a large number of relocated migrants?

The Pact does not automatically assign a fixed number of relocated persons to Romania. It sets EU‑wide minimum thresholds (for relocations and financial contributions), while the exact distribution is decided annually at EU level. Depending on future flows and political decisions, Romania could be both a beneficiary and a contributor in this solidarity system.

4. What does border screening mean for someone intercepted at the Serbia–Romania border?

The person will go through a short procedure near the border, usually lasting a few days. Authorities will check identity and documents, run security and database checks and assess basic vulnerabilities. At the end, they decide whether the person is sent to the regular asylum procedure, the border procedure or a return procedure if no asylum claim is lodged and there is no risk of persecution or serious harm upon return.

5. Can a person be kept in “border‑like detention” for a long time?

In the border procedure, people can be held in closed or semi‑closed facilities near the border, typically for several weeks or, in some cases, a few months. Even if states argue that the person has not formally “entered” their territory, in practice this is a deprivation of liberty. Any such restriction must be lawful, proportionate, subject to judicial oversight and open to challenge when it becomes arbitrary or abusive.

6. What can I do if I was pushed back across the border without being allowed to apply for asylum?

So‑called pushbacks are unlawful where they result in denying access to asylum or sending a person to a country where they face a real risk of persecution or inhuman treatment. If you have been pushed back, try to note dates, locations and details, seek help from an NGO or lawyer as soon as possible and gather any possible evidence (photos, medical reports, written documents). In some cases, it is possible to bring complaints before national authorities, actions in domestic courts or applications to the European Court of Human Rights.

7. How can a lawyer help me if I am an asylum seeker in Romania?

A lawyer can explain which procedure applies, help you present your story and reasons for needing protection, check whether authorities respect deadlines and procedural guarantees, draft appeals against negative decisions and document any abuses. In accelerated and border procedures, where deadlines are very short, having a lawyer can make the difference between a fair and an unfair outcome.

8. Where can I find free information and help if I cannot afford a lawyer?

In Romania, NGOs such as the Romanian National Council for Refugees (CNRR), JRS Romania and others listed by UNHCR on the “Where to seek help” page provide free information and counselling. They can explain procedures, help you understand your rights and, in some cases, connect you with legal representation or other specialised services.