In early June, after months of talks and three years since Brussels unveiled its proposal, the Twenty-Seven reached a political agreement on a central pillar of the framework: asylum and migration reform and the substitution of refugees. Yet what remained unresolved by late July, during Spain’s EU presidency, were the rules to be applied in crisis situations when an influx appears imminent.
For two months, negotiations were strained by a stubborn impasse: the European Parliament blocked progress on two other provisions in protest of the stalling talks, while Madrid pressed for a solution. Interior Minister Fernando Grande-Marlaska spoke on behalf of the semi-state, saying he hoped good news could still come on this issue as he took on the EU presidency. An EU interior ministers meeting was scheduled to convene in Brussels that Thursday.
That Thursday, the Twenty-Seven returned to the discussion, focusing especially on the external dimension of immigration. Ten points outlined by President Ursula von der Leyen guided the approach to the Central Mediterranean, and a deal with Tunisia was on the table to deliver 105 million euros in aid to bolster its borders and curb departures. The package drew criticism from socialists, greens, and leftists in the European Parliament, and even drew scrutiny from the EU Ombudsman, who gave the Commission three months to clarify whether the accord respected human rights.
Crisis management
One regulation threatened to stall the entire negotiation process and jeopardize the timely completion of the new asylum and migration framework, particularly in crisis or force majeure scenarios such as mass arrivals. At the meeting on the 26th, the permanent ambassadors of the EU could not sign off on the agreement, facing opposition from Poland, Hungary, Austria, and the Czech Republic, while Germany, the Netherlands, and Slovakia participated in the discussions.
Since then, the Spanish presidency of the EU has intensified efforts, especially in recent hours. Grande-Marlaska noted that progress had been made and that nuances remained, expressing hope that these small differences would soon yield a broader agreement on an overall approach and trilateral authorizations. He underscored Spain’s priority and urged that the legislation be concluded before the current legislature ends in May of the following year, stressing that close alignment was within reach.
Brussels optimism
The same cautious optimism came from the European Commission’s internal affairs commissioner, who arrived at the meeting hopeful that ministers would be ready to take the final small step needed to align the Council’s position on the crisis management proposal. This marked a crucial moment in a process that began in the wake of the migration crises of 2015 and 2016.
Officials noted that substantial work had been done and that the Spanish presidency had performed effectively in steering negotiations. The proposed crisis mechanism would, among other features, extend asylum detention periods and affect the timing of asylum claims registration under pressure from large migrant flows. Germany and other member states voiced concerns about how rules would be applied in crisis situations and about safeguarding migrants’ rights in such circumstances.
What shifted in the last hours to make a deal more plausible? Berlin signaled readiness to endorse the agreement after months of blocking, signaling that the coalition of opposing voices could be moving toward balance. The goal, as stated by the Spanish minister, is to find a balance that reflects the interests of all member states while preserving the integrity of the asylum system and the credibility of EU-wide standards.