The existence of different directives, national legislations, and EU Legislation constitutes a major challenge, so a unified legal framework is an imperative need for practitioners. Different procedures result in different outcomes related to the admittance of refugees and asylum seekers across EU Member States. In the case of unaccompanied minors there is a huge gap in issues of protection and detection, as well as provisions for conditions in detention centers for minors. EU legislation is effectively communicated to practitioners, however, the implementation involves different administrations, governments, activities, etc., thus cooperation among countries is imperative, to achieve same protection of the fundamental rights of individuals. Furthermore, the lack of a homogeneous access to the asylum procedure leads to discriminatory practices and complicates the process with incongruities between national and international laws regarding protection.
There is no need for more European legislation but, instead, a higher need for common practices or guidelines for practitioners. In the new Migration Pact the European Commission has drawn a proposal of amendment to the Dublin Regulation, which will be replaced by a common framework called “Asylum and migration management regulation”. The idea is that asylum and detention will come together in one single document that contains both procedures. The document will include determination of which country will handle asylum applications. However, COVID-19 may pose difficulties in the application of these regulations and provisions.