New EMN inform: How the asylum process works at EU external borders today

The EMN inform "Currently applicable asylum procedures at the border in view of implementing the Pact on Migration and Asylum" sets out how the Asylum Procedures Directive for EU external borders is currently applied by EMN Member Countries. The report covered 25 EMN Countries ahead of the Pact coming into full effect on 12 June 2026. As border procedures are not currently mandatory for Member States, legislation, working methods and practical applications vary.

This EMN inform complements both the ongoing work being carried out by EU Member States and the European Commission in connection with the implementation of the Pact, and the previous studies on border procedures conducted by the European Agency for Asylum and the European Parliamentary Research Service (EPRS).

About the report

The information in the report relates to the application of existing legislation. It provides a comparative overview of:

• the 25 EMN Member Countries which currently have border procedures in place
• the authorities who are responsible and involved
• the timelines for these procedures
• the types of procedures used and their corresponding grounds
• security considerations
• the Dublin procedure in the border context
• the use of detention and restrictions on freedom of movement
• approaches to persons with special needs.

At present, border procedures are governed by Member States’ national legislation in accordance with the Asylum Procedures Directive for granting and withdrawing international protection. Article 43 on border procedures is not currently mandatory for EU Member States; consequently, asylum procedures at external borders vary from country to country.

A selection of conclusions in the inform

In the EMN Member Countries that apply border procedures, law enforcement and decision-making authorities are involved. In order to carry out these procedures at the borders and to prevent asylum seekers from entering the territory, seven countries can apply detention and five countries can impose restrictions on freedom of movement or detention.

• In twelve EMN Member Countries, asylum procedures may be carried out at the border or in transit zones. Of these countries, Austria, the Czech Republic and Germany only carry out border procedures at airports only. Thirteen EMN Countries, including Sweden, do not carry out border procedures. Legal frameworks and working methods vary in these countries.
• Processing times in most EMN Member Countries that conduct asylum procedures at the border range from two working days to four weeks. Ten countries, including Finland, Spain and Latvia, clearly state that entry into the territory must be granted in order to continue the asylum procedure. One prerequisite is that no decision has been taken in the border procedure within the specified timeframe. Italy and France have different rules based on court rulings.
• The Asylum Procedures Directive provides for two types of procedures that may be conducted at the border: one focusing on assessing whether an application is admissible, and the other on whether the application should be granted. Hungary and Latvia only assess whether applications are admissible, whilst Hungary does not, in practice, carry out any admissibility checks. Eleven EMN Member Countries have already transposed Article 43(1)(b) into their national legislation.
• Seven EMN Member Countries, including Belgium, Finland and Portugal, have transposed all ten grounds set out in Article 31(8) of the Asylum Procedures Directive for an examination of the application on sub stance at the border or rejection of the application as manifestly unfounded.
• Eight EMN Member Countries, including Austria, Greece and the Netherlands, apply the Dublin procedure, at least in part and in certain cases, at the border. Five of these eight countries are able to carry out a Dublin transfer within the border procedure.

In six EMN Member Countries, certain groups of vulnerable persons cannot be subject to border proce dures, including unaccompanied children and persons in need of special procedural guarantees. Certain conditions and exceptions may apply, and these vary across EMN Countries.

Good practices and challenges

Despite variations in the application of asylum border procedures, intensive work is underway in EMN Countries ahead of the implementation of the EU Pact on Migration and Asylum. Enhanced inter-agency cooperation between responsible authorities is highlighted as a good example in France and Italy. In Germany, information sharing and clear areas of responsibility are cited as good practices, as is ensuring that staff are specially trained and that there are adequate staffing levels. At the same time, several countries highlight challenges relating to coordination between authorities, each with their own distinct mandates and operational frame works, including the need to respect each other’s areas of responsibility – particularly in Germany and Greece.