European Union Migration Law

In addition to international instruments, there are also common policies at EU level that member states must follow, and anyone who wants to migrate to Europe or become a professional in this field must also know the EU’s binding rules.

European Convention on Human Rights (ECHR), 1950

Although the ECHR is not a migration law instrument as such, it is one of the texts most often cited in migration and asylum procedures. While the Convention guarantees the protection of fundamental rights and freedoms, provisions such as freedom of movement, the right to respect for family life, the right to a fair trial and the prohibition of inhuman treatment are of particular importance for migrants and asylum seekers. In this respect the ECHR is an indispensable point of reference for the legal scrutiny of how migrants and refugees are treated in European countries.

The European Court of Human Rights (ECtHR), which oversees the application of the ECHR, has produced a large body of landmark case law in the field of migration. It has imposed serious obligations on states where deportation or return could threaten a person’s life or freedom. It has also interpreted the right to respect for family life broadly in family reunification cases, ensuring that states balance their migration policies against human rights. That is why, in migration advice, the provisions of the ECHR and the case law of the ECtHR are an indispensable basis for advisers to meet both their legal and their ethical responsibilities.

Schengen Agreement (1985) and Schengen Convention (1990)

These are among the most important steps in European integration. With them, internal border controls between member states were abolished and citizens were granted the right to move freely. In return for opening internal borders, however, strengthening the external borders and applying a common border policy became necessary. This was a critical turning point, particularly for controlling migration flows; common criteria and procedures were developed for third-country nationals wishing to enter the Schengen area.

The Schengen regime is of great importance, because those on the migration path need to understand correctly rules such as the different visa types, the 90/180 rule (third-country nationals may stay no more than 90 days in any 180-day period), transit rights and residence permits. Wrong information or a miscalculation can have serious consequences for migrants, such as an overstay (visa violation), a fine or a ban on entering the Schengen area. A correct understanding of the Schengen rules is therefore one of the core areas of expertise of migration advisers.

Common European Asylum System (CEAS)

This is a framework developed to harmonise asylum applications within the European Union. By introducing common standards among member states, the system aims both to safeguard applicants’ rights and to share responsibility more evenly between member states. The CEAS consists of various directives and regulations and governs in particular the refugee definition, application procedures, reception conditions and temporary protection mechanisms. The following instruments stand out in this context:

Asylum Procedures Directive (2013/32/EU)

It sets out how asylum applications are to be processed. By developing common procedures, it addresses the fair, swift and standardised assessment of applications and encourages accelerated procedures. Admissibility criteria, accelerated procedures and procedural safeguards such as the applicant’s right to a fair hearing fall within its scope. It also regulates rapid rejection procedures for manifestly unfounded applications. Since 12 June 2026 this directive has been replaced by the directly applicable Asylum Procedure Regulation (EU) 2024/1348.

Qualification Directive (2011/95/EU)

It determines who can qualify for refugee status or subsidiary protection. It clarifies under which conditions people who have left their country because of persecution, torture, discrimination or armed conflict can receive international protection. Since 12 June 2026 it has been replaced by the Qualification Regulation (EU) 2024/1347.

Reception Conditions Directive (2013/33/EU)

In parallel with the rules above, it safeguards the basic rights of asylum seekers during their application procedures. Accommodation, access to health care, educational opportunities and, under certain conditions, the right to work are regulated by this directive. It has been recast by the new Reception Conditions Directive (EU) 2024/1346, which has applied since 12 June 2026.

Temporary Protection Directive (2001/55/EC)

It is a mechanism that is activated in mass influxes (for example, the war in Ukraine). In large-scale crises, this directive makes it possible to grant temporary protection collectively, without the need for individual applications.

Dublin Rules (Dublin III, Regulation (EU) No 604/2013)

This is perhaps the most important of these instruments. It holds a critical place in the European Union’s asylum system. Its main purpose is to determine in which member state an asylum seeker’s application is to be examined. The general rule is that the member state the person first entered is responsible for the application. The aim is to prevent the same person from applying in several countries (asylum shopping). Since 12 June 2026, Dublin III has been replaced by the Asylum and Migration Management Regulation (AMMR, 2024/1351); the basic principle remains, but the time limits for responsibility and the rules on solidarity have changed.

However, because it places a heavy burden of applications on countries at the external borders, such as Greece and Italy, this system has long caused serious debate within the EU. Inadequate humanitarian conditions and blocked procedures in these countries have shown that the Dublin system is not fair. The Dublin rule is of great importance: if a person makes a first application in one country and then moves on to another EU country, they will very likely be subject to a Dublin transfer and be sent back to the country they first entered. People therefore need to understand the procedures transparently and correctly and make informed decisions about where to apply.

EURODAC System (Regulation (EU) No 603/2013)

It is one of the most critical technical tools in the European Union’s asylum and migration management. The system is a central database that records the fingerprints of asylum seekers and of third-country nationals who enter irregularly across the EU’s external borders. Its purpose is to facilitate identification, to prevent the same person from applying in several countries under different identities, and to support the application of the Dublin rules. The system has been expanded by the new Eurodac Regulation (EU) 2024/1358 and has applied in its new form since 12 June 2026.

EURODAC is of great importance for people migrating by these routes, because it is through this system that it becomes clear whether a person has previously applied in another EU country. For example, if an asylum seeker who crossed from Turkey into Greece and was fingerprinted there later applies in Germany, the EURODAC data will show that the first entry was Greece, and a return under the Dublin rules will come into play. It should therefore be clearly understood that where the first application is made has critical consequences. At the same time, EURODAC is a tool that ensures transparency and legal certainty in the migration process and is a basis for planning migration strategies.

EU Pact on Migration and Asylum (proposed 2020, adopted May 2024, in application since 12 June 2026)

First of all, we should note that the CEAS failed to respond adequately to the crises of recent years (particularly the 2015 refugee crisis). The EU therefore put forward the proposal for a “New Pact on Migration and Asylum” in 2020; political agreement was reached in December 2023, the Pact was formally adopted in May 2024, and it has applied since 12 June 2026.

The EU Pact on Migration and Asylum was proposed by the European Commission in 2020 and, after long negotiations, agreed in December 2023 and adopted in May 2024. The new rules aim in particular to remedy the lack of solidarity exposed by the 2015 refugee crisis and the imbalance of burdens created by the Dublin system. The Pact’s main goals are to share asylum seekers more fairly among EU countries, to ease the disproportionate burden on countries of first entry (such as Greece, Italy and Spain) and to institutionalise solidarity in migration management among member states.

The Pact introduces important innovations. The most striking is the mandatory solidarity mechanism: every member state must now take part in solidarity, but it can do so by accepting asylum seekers, by making financial contributions or by providing operational support. It also provides for faster border procedures, so that applications are assessed in a shorter time, decisions to accept or reject are made more quickly and irregular migration flows are managed more effectively. These rules aim both to create a more predictable process for applicants and to balance the sharing of responsibility among EU countries.

Migrants need to be aware not only of residence and application procedures but also of which country may be politically more advantageous. The new system makes questions such as in which country applications may be decided more quickly and which countries have more reception capacity a matter of strategy.

In the current political situation, the Pact, which has applied since 12 June 2026, remains at the centre of intense debate. Countries such as Hungary and Poland in particular oppose the mandatory solidarity mechanism. Large EU countries such as Germany, France and the Netherlands, by contrast, support the system’s implementation but struggle to manage the public backlash. Since the European Parliament elections of June 2024, far-right parties have sharpened their anti-migration rhetoric, while centrist parties try to develop balanced policies that keep migration under control while supporting skilled labour migration. So although the Pact has been adopted, political disputes and national differences in its implementation show that the process will remain very difficult in the period ahead.

Visa and Residence Rules / EU Law on Foreigners

Some notable rules here are the following:

Visa Code (Regulation 810/2009)

The EU Visa Code is the core EU legislation governing short-stay entries (up to 90 days) into the Schengen area. It clarifies which documents are required for Schengen visa applications, how applications are assessed and issues such as the 90/180 rule. It provides a guiding framework on matters such as refusals, multiple-entry visas and transit visas.

Blue Card Directive (2009/50/EC, 2021 reform)

This is a framework created to attract highly skilled workers to the EU. University graduates or highly skilled professionals can obtain the right to work and long-term residence in the EU with a Blue Card. The 2021 reform (Directive (EU) 2021/1883) lowered the salary thresholds and made the scheme applicable in more sectors. Germany and the Netherlands actively use this system for skilled migrants from Turkey.

Students and Researchers Directive (2016/801/EU)

The EU Students and Researchers Directive offers facilitated visa and residence options to foreigners coming to the EU for study or research. Students can stay in the EU after graduation to look for work, and researchers can work in different member states thanks to mobility rights. This often comes up in connection with Erasmus+ and EU research projects.

Family Reunification Directive (2003/86/EC)

It is a directive regulating the reunification of non-EU migrants with their family members. It applies to procedures such as bringing a spouse and children, and sometimes parents. This is one of the most sensitive areas in migration, since criteria such as income, housing and health insurance must be met and refusals are frequent. For applicants from Turkey, it is one of the most frequently used routes, especially in Germany and the Netherlands; but criteria such as income level, suitable housing and health insurance are important conditions for family reunification.

Free Movement Directive (2004/38/EC)

This directive governs the free movement and residence within the EU of EU citizens and their family members (such as spouses, children and dependent relatives). It covers not only EU citizens but also their family members who are third-country nationals; for example, a Turkish citizen has the right to accompany an EU-citizen spouse who exercises free movement rights by settling in another member state. This is of critical importance because it enables accurate information and strategic guidance for clients on matters such as family reunification, residence permits and the protection of free movement rights.

Return Directive (2008/115/EC)

This directive regulates, within a common framework, the return of third-country nationals without legal status in EU member states. When applying return procedures, strict adherence to the principle of non-refoulement (no return to a country where the person would face persecution or torture), one of the fundamental principles of international law, is mandatory. This rule is of critical importance especially for people whose asylum applications have been rejected or who have not been granted a right of residence. Knowing the options of voluntary return, avenues of appeal and possibilities of staying on humanitarian grounds helps people manage the process without losing their rights.

These rules will also be addressed in later articles.

INFORMATION NOTE: For a migration adviser, knowing the link between Eurodac and the Dublin rules is critical. Eurodac is a central database that collects the fingerprints of asylum seekers and of third-country nationals who entered irregularly across the EU. Through this system it can be established through which country a person entered the EU. The Dublin III Regulation (replaced since 12 June 2026 by the AMMR) determines which country will examine an asylum application and usually makes the country of first entry responsible. People should therefore know that any earlier registration in another EU country will be visible through Eurodac, and that this may lead to a transfer to that country under the Dublin rules. This knowledge is vital for pursuing the right strategy and avoiding false expectations.