The report “Migrant Children and the EU Pact on Migration and Asylum: A Case from Kafka’s Trial?”, prepared by the Center for Legal Aid – Voice in Bulgaria, offers an in-depth critical analysis of the new EU Pact on Migration and Asylum, with a focus on its impact on migrant children, particularly unaccompanied minors.
This material was created within the framework of the project “Support for Children on the Move,” co-funded by the European Union and the Workshop for Civic Initiatives Foundation (WCIF). The views and opinions expressed are solely those of the author and do not necessarily reflect those of the European Union or WCIF. Neither the European Union nor WCIF can be held responsible for them.
Some of the key findings and alarming trends include:
Weakened safeguards for migrant children during border screening and procedures – including the use of accelerated procedures for children and the application of the so-called “legal fiction” that they are not present on EU territory;
Possibility for even minors to be classified as “a threat to national security,” without clear procedures for legal protection;
Lack of effective participation by civil society in the development and implementation of the Pact at both national and European levels;
Risk of institutionalizing detention and the absence of genuine alternatives for migrant children;
Discrepancy between the new regulations and the case law of the Court of Justice of the EU, especially regarding the best interests of the child and the right to legal protection.
The report warns that the Pact undermines established protection standards, fails to address the specific vulnerability of children, and creates legal and social uncertainty. NGOs and institutions working in the field of migration and children’s rights are called upon to strengthen monitoring, advocacy, and legal protection, including through systematic involvement in the development and implementation of national policies.
