In the media
21.11.2025

Violeta Moreno-Lax comments on new EU Pact on Asylum and Migration in Le Figaro

In comments to the French newspaper, the Wübben Foundation Chair of International Law and Director of the Centre for Fundamental Rights describes how the EU’s new solidarity mechanism for asylum and migration hinges on sustained cooperation and mutual trust.

On 11 November 2025, the European Commission released its first annual report on how the EU’s New Pact on Asylum and Migration, adopted in 2024 and set to apply from mid-2026, will operate in practice. The Commission’s report categorises Member States according to their exposure to migratory pressure and details how relocations, financial contributions, and operational support will be organised under the Pact’s new solidarity mechanism.

Speaking to Le Figaro, Professor Moreno-Lax offers a central critique, arguing that the Pact seeks to revive a solidarity system that previously failed during the 2015 relocation scheme, but without addressing the core political obstacles that hindered cooperation.

“This system of solidarity relies on constant negotiation and demands an unprecedented level of good faith and mutual trust ​​​​​​among EU Member States that was and continues to be absent,” explains Moreno-Lax. Past experience during the unsuccessful 2015-16 relocation scheme, she notes, shows that divisions—especially the continued reluctance of Visegrád countries, namely Hungary, Poland, the Czech Republic, and Slovakia, to participate—cast serious doubt on whether the new mechanism can function effectively.

Moreno-Lax also highlights the legal uncertainties that remain concerning Member State obligations and the potential for disputes as governments negotiate the annual solidarity fund. These contestations could mirror earlier litigation triggered by the 2015–16 relocation decisions, should some states again disagree with the measures or refuse to comply with their commitments.

The full Le Figaro article is available to the readers of the newspaper here (in French).

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More about our expert

  • Violeta Moreno-Lax, Professor of International Law | Director, Centre for Fundamental Rights