Legal Basis

EU Legal Framework on Asylum and Migration

The European Union Agency for Asylum (EUAA) plays an integral role in helping EU Member States apply the package of EU laws that comprise the Common European Asylum System (CEAS).

The CEAS establishes the legal framework governing asylum and reception in the European Union. It consists of rules and procedures that Member States must follow to ensure that applications for international protection are examined in a fair and efficient manner and that the rights of applicants for international protection are fully respected, in accordance with the 1951 Geneva Convention Relating to the Status of Refugees and the 1967 Protocol thereto.

On this page, you can learn more about the legal basis for the Agency’s work and consult the different laws that form part of the EU legal framework in the area of international protection. Learn more about the history of the CEAS. Other key texts including those governing important migration management processes in the EU, as well as the Geneva Convention itself, can be reviewed here too.

Legal Basis:

  • Regulation (EU) 2021/2303 establishing the European Union Agency for Asylum (EUAA) and repealing Regulation (EU) No 439/2010 [or] succeeding the European Asylum Support Office.
  • Council Decision 2010/762/EU establishing the Seat of the Agency, in Valletta Harbour, Malta.

Common European Asylum System

In May 2024, the European Union adopted a new legal framework on asylum and migration management, commonly referred to as “the Pact” which mainly becomes applicable on 12 June 2026. It forms the basis for the Common European Asylum System (CEAS). Most of these new laws will become applicable on 12 June 2026. *

 

*Notwithstanding some provisions in Regulation (EU) 2026/464, asylum applications lodged before 12 June 2026 will be handled according to the rules in Directives 2011/95/EU, 2013/32/EU, and 2013/33/EU. The designation of the Member State responsible for these applications will be governed by the former “Dublin” Regulation (EU) No. 604/2013.

**From 27 February 2026, asylum applications lodged by nationals of Albania, Bangladesh, Bosnia and Herzegovina, Colombia, Egypt, Georgia, India, Kosovo, Moldova, Morocco, Montenegro, North Macedonia, Serbia, Türkiye, Tunisia and Ukraine  may be examined on an accelerated basis by EU national asylum authorities, with decisions at first instance being taken within 12 weeks. These countries form part of the EU’s list of Safe Countries of Origin.

EU Migration Legislation (Other)

The following legislation are components of the EU’s migration management framework, however the EUAA does not have a supporting role in their implementation.

 

*The European Commission has proposed updated rules aimed at establishing a common system for the return of third-country nationals staying illegally in the Union. Discussions between the European Parliament and the Council are ongoing. This page will be updated when appropriate.

International Conventions