The ongoing issue of uncontrolled migration within the European Union has been prominent for several years, notably escalating after 2015. This surge followed remarks from former German Chancellor Angela Merkel, perceived by many as an open invitation to enter the EU, leading to a significant migration crisis. The EU has actively sought common solutions and a cohesive migration policy amid pressures from countries most affected by migration, including Greece, Spain, Cyprus, and Italy.
Poland Temporarily Excluded from EU Migration Pact
At a crucial EU summit in 2018, Poland, the Czech Republic, Slovakia, Hungary, and Austria rejected mandatory relocation proposals. Consequently, the migration crisis continues to pose significant challenges, prompting discussions on a new migration pact over the past two years.
Key Aspects of the Migration Pact
- Common Regulations: All 27 EU member states will have to adhere to a unified set of regulations regarding border controls and asylum procedures.
- Overhaul of the Dublin System: The existing principle that assigns the responsibility for migrants to the first EU country they reach will be replaced. This change aims to create a fairer system for handling migrants.
- Mandatory Solidarity Principle: Every member state will share the responsibility for incoming migrants. This will include housing them or providing financial assistance if they refuse to accept migrants.
Countries categorized under the pact include:
- Beneficiary Countries: Cyprus, Greece, and Spain will receive financial aid for migrants and assistance in redistributing migrants across the EU.
- Countries Under Pressure: Poland, Croatia, Austria, Estonia, and the Czech Republic are currently under exceptional circumstances. Poland’s situation arises mainly from the influx of Ukrainian refugees and the crisis at the Belarus border.
- Contributing Countries: All other EU nations must support migration management, either through acceptance of migrants or financial contributions.
Looking ahead, a report published in December 2025 estimates that 21,000 migrants will need redistribution among EU states in 2026. However, Slovakia and Hungary have already announced their refusal to accept any migrants.
Review and Compliance
The migration pact is established as a permanent mechanism. The European Commission will conduct yearly reports assessing the migration situation in each member state. Countries can seek exemptions based on exceptional circumstances, although the final decision rests with the Commission.
Exemption Status for Poland
Due to the conflict in Ukraine and issues at the Belarus border, Poland has been granted a temporary exemption from migrant relocations for 2026. This exemption is not permanent; its status will be reevaluated mid-year and again in December 2026.
If the European Commission deems the situation in Poland remains exceptional, the exemption may be extended. Conversely, if conditions improve, Poland may have to comply with the relocation requirements.
Legal Considerations
While discussions have arisen concerning the establishment of migrant return centers outside the EU, such proposals are not part of the migration pact. Legal challenges have already surfaced regarding agreements made by the Italian government with partner countries for similar purposes. Most notably, these agreements face scrutiny from Italian courts and the EU Court of Justice.
Future agreements with non-EU countries will likely depend on financial incentives and legal clarity to ensure collaboration on managing migration effectively.
