What is GEAS?
CEAS stands for Common European Asylum System. It is a package of several laws designed to further harmonize asylum law across the EU. The reform was adopted back in 2024. Following a transition period, the new laws will take effect starting today.
Among other things, the GEAS determines which Member State is responsible for an asylum procedure, when a procedure may take place directly at the border, and what rights and obligations asylum seekers have during the procedure.
In addition, the reform introduces several new measures. These include screening upon entry, new border procedures, more expedited procedures, and a new solidarity mechanism among EU member states.
The EU cites several objectives for the reform: asylum procedures are to become more uniform and easier to monitor. People who are not entitled to protection are to be returned more quickly to their countries of origin or to safe third countries. At the same time, the aim is to ease the burden on countries at the EU’s external borders, such as Italy, Greece, Spain, and Cyprus.
What changes take effect today?
New screening procedure upon entry
One key change is the new screening procedure. This involves an initial assessment of asylum seekers prior to the actual asylum process. It primarily applies to people who arrive at an EU external border without valid entry documents.
During the screening process, information such as identity, nationality, and biometric data is collected. In addition, the authorities review health-related issues, security considerations, and any special protection needs. The collected data is stored in the Eurodac database, which is accessible to all EU countries.
The EU aims to better track when and where a person has arrived in the EU and whether they have already been registered in another member state. This is intended to streamline the Dublin procedure and make secondary migration more difficult. Secondary migration refers to situations where asylum seekers travel on their own to another member state after being registered.
After the screening, the authorities decide which procedure to follow: a standard asylum procedure within the country, anexpedited border procedure, or a return procedure.
New border procedures at the EU's external borders
Another new development is the so-called accelerated border procedure. Under this procedure, an asylum application is reviewed directly at the EU’s external border or at a special facility near the border. The process is expedited and is intended to determine at an early stage whether a person will be granted protection or must leave the country.
In doing so, the authorities examine, among other things:
- whether the asylum application is admissible or unfounded,
- whether the person might be able to find protection in a safe third country,
- whether there are security concerns or whether the person poses a threat to national security or public order.
The border procedure is expected to take no more than twelve weeks. If the asylum application is rejected at the border, a return procedure may follow immediately. During this procedure, a decision is made as to whether the person will be transferred to their country of origin or to a safe third country. The goal is to determine more quickly whether a person will be granted protection or must leave the country.
A border procedure may primarily affect the following groups:
- People from countries of origin that are classified as safe and
- have a coverage rate of less than 20 percent
- Individuals accused of misrepresenting their identity
- Individuals who are classified as a security risk.
Families with children may also be subject to border procedures. Special rules apply to unaccompanied minors. They are generally exempt from border procedures. An exception may apply if they are deemed a threat to national security.
What changes are being made to the Dublin system?
The Dublin system remains essentially unchanged, but is supplemented by new rules. The following still applies: The EU country in which a person seeking protection first enters the EU is responsible for the asylum procedure.
The rules regarding secondary migration are being tightened. This refers to cases in which asylum seekers travel on to other EU countries that are not responsible for their asylum proceedings.
Until now, responsibility for the asylum process has been transferred, after a certain period of time, to the country where the asylum seeker is actually located. In the future, this will be prevented to a greater extent.
The deadline for transferring a person to the competent EU member state generally remains six months. However, it may be extended to up to three years if the person in question is considered to be “on the run.”
At the same time, GEAS is introducing a mandatory solidarity system. EU member states that take in a particularly large number of asylum seekers or face heavy pressure at their external borders are to receive support from other member states. Other countries can, for example, take in asylum seekers or provide financial or practical assistance.
Benefits for asylum seekers may be reduced
Under the GEAS, benefits for asylum seekers may also be reduced in certain cases. This may apply, for example, to asylum seekers who have already been granted protection in another EU country and subsequently travel on to another Member State (secondary migration).
Violations of residency rules can also have consequences. For example, benefits may be reduced if a person leaves a designated residence without authorization or fails to comply with residency restrictions.
In addition, services may be restricted for a limited time if someone significantly disrupts the order of a shelter, threatens others, or becomes violent.
It is important to note that such measures must not be applied across the board. The authorities must always examine each case individually. Furthermore, any reductions must be proportionate.
Anyone who misrepresents their name or origin during the asylum process risks losing their residence permit—even after successful integration. This was confirmed by the Higher Administrative Court of Schleswig-Holstein....
Deportations to safe third countries will be easier
In the future, it should also be easier to return people to safe third countries outside the EU. Until now, return to a safe third country was only possible if the person in question had a prior connection to that country. This could be the case, for example, through family ties, a previous stay, or other close ties.
That is about to change under the new EU rules. In the future, an asylum application may be rejected as “inadmissible” if a person could also receive protection in a safe third country outside the EU and that country is willing to accept them.
A personal connection to this third country is no longer required in every case. Therefore, repatriation may be possible even if the person has not previously lived there and has no family in the country.
Important: Return or deportation is permitted only if the third country is actually safe and a fair asylum procedure is possible. Furthermore, the principle of non-refoulement continues to apply. Under this principle, people may not be deported to a country where they face a risk of torture, inhuman treatment, or serious human rights violations.
Conclusion: What does GEAS mean starting today?
The Common European Asylum System will bring about significant changes to asylum law in the EU. Asylum procedures are set to become faster, registration at external borders is to be standardized, and responsibilities among member states are to be more clearly defined.
For those seeking protection, this means they can be screened earlier and more thoroughly. In certain cases, their asylum applications can be reviewed directly at the border. It is now also easier to transfer them to other EU countries or return them to safe third countries.
At the same time, important legal protections remain in place. Every asylum application must be reviewed. Persons in particular need of protection must be protected. And no one may be deported to a country where they face the risk of torture, inhuman treatment, or serious human rights violations.