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Emergency powers are written in calm times, and rarely used

By Immimaps4 min read
Emergency powers are written in calm times, and rarely used

Europe's new border and asylum powers: what they allow, how often they have been switched on, and who they actually reach.

What has been built

Since late 2023, European governments have written a set of powers for migration emergencies. Most are built to be kept ready rather than used every day. Reading the texts shows what they can do and, just as useful, who they cannot reach.

The EU's crisis regulation. Regulation (EU) 2024/1359, part of the EU's Pact on Migration and Asylum, applies from 1 July 2026. A member state facing mass arrivals, or "instrumentalisation" (a foreign state or hostile group pushing people towards an EU border to destabilise it), can ask to set aside parts of the normal asylum rules for a limited time. The Commission decides whether a crisis exists, and the Council of the EU names which exceptions the state may use. Each use runs for three months, can be extended, and is capped at twelve months in total. The exceptions include registering asylum applications up to four weeks after they are made and extending the border procedure. They reach only applications made or registered while the exceptions apply. No request or Council decision under the regulation has been published. The European Council on Refugees and Exiles, a network of NGOs, noted in October 2026 that Spain did not ask to use it during events in Ceuta in August 2026.

Finland's Border Security Act. Act 482/2024, in force since 22 July 2024 and extended to 31 December 2026, lets the government stop accepting asylum applications on a named stretch of border for one month at a time, when a foreign state is found to be using migrants to pressure Finland. The government's own bill to extend the act to 2028 (HE 148/2026) states that the act has not been applied. Parliament had not voted on that bill as of 3 November 2026. Separately, Finland's land crossing points with Russia have been closed since 15 December 2023; the government renewed that decision in June 2026, until further notice.

Poland's border suspension. A law in force since 27 March 2025 lets the government suspend the lodging of asylum applications on a stretch of border, for 60 days at a time, each extension needing the consent of the Sejm (the lower house). It has applied to the border with Belarus since 27 March 2025 and has been renewed again and again; the latest extension starts on 18 September 2026. Unaccompanied children, pregnant women and people clearly facing a real risk of serious harm are exempt. The law says nothing about applications already lodged, or about applications elsewhere in Poland.

Germany's border checks and turn-backs. Germany has run checks at all its land borders since 16 September 2024, notified to the European Commission until 15 March 2027. Under an instruction of 7 May 2025, people asking for asylum at the border can be refused entry and sent back to the neighbouring country, with exceptions for vulnerable people. The Berlin administrative court found such turn-backs unlawful in urgent rulings of 2 June 2025, and found a March 2026 turn-back likely unlawful on 22 May 2026; both are interim rulings. The government's answer to Parliament of 28 August 2026 reports refusals of entry continuing in the first half of 2026.

Greece's three-month suspension. Asylum applications by people arriving by sea from North Africa were suspended from 14 July to 14 October 2025, according to the EU Agency for Asylum. The suspension was not renewed.

What they share

Every one of these powers reaches people arriving at a border during the period it applies. None of them, as written, reaches an application already lodged. The EU regulation says so directly: its exceptions apply to applications made or registered while they are in force. Poland's and Finland's laws govern only new applications at the border.

Who it reaches

People who would arrive at a land or sea border to claim protection while a power is switched on. It does not reach people applying through ordinary routes (a work permit, a study permit, a family visa, an investor permit), and it does not reach applications already in the system.

What it tells you

This is analysis of a record, not a forecast. Most of these powers are written and held in reserve. Finland's has never been used. The EU's has not been asked for. Poland's is renewed in 60-day steps with parliamentary consent. Germany's turn-backs are the one practice in daily use, and courts have pushed back on them. When people read about "emergency powers" next to stockpiling headlines, the texts themselves say who those powers can touch, and it is a narrow group.

What would show this wrong

A state using the EU crisis regulation, or Finland using its act. Either would show that these powers are not only kept in reserve. A power applied to applications already lodged would show the second point wrong.

Sources

General information, not legal advice.

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