A Spanish soldier accompanies a young migrant, who crossed the border between Spain and Morocco by swimming, to be return him to Morocco on May 19, 2021 in Ceuta, Spain. Joan Amengual/VIEWpress/Corbis via Getty Image

Opinion

The EU has tightened migration rules. Now it needs a capacity brake

7 minutes read
Avatar for Lassi Murto

Finnish policy professional working on international development, peacebuilding and inclusion

Europe’s migration debate is still trapped between more and less. The next reform should link discretionary migration policy to measurable economic, institutional and social capacity, while being firmer at the border and fairer towards those who live by the rules within it.

The European Union has spent years rebuilding its migration machinery. The Pact on Migration and Asylum is now in application**, having taken effect on June 12, 2026**, with common rules on screening, asylum procedures, responsibility and border management. The European Parliament has also backed a tougher common system for returning people who have no right to stay**, approving the new Return Regulation on June 17, 2026 by 418 votes to 218**.

These changes matter. But they leave a harder question largely unanswered:

How do governments know when the scale or composition of migration is exceeding a society’s capacity to manage it successfully?

Europe still tends to answer migration pressure through two competing instincts. One assumes that more migration is economically necessary and morally desirable. The other treats lower numbers as success in themselves.

Both confuse volume with performance. Neither high nor low immigration is, by itself, evidence of good policy.

A country can admit fewer people badly. It can admit more people successfully. It can also admit numbers beyond the capacity of its labour market, housing, public services or integration system, then spend years dealing with consequences that were visible long before political leaders were willing to acknowledge them.

What Europe needs next is an immigration capacity brake.

This should not mean a single migration number imposed from Brussels. Member states differ too much for that. The better model is a common governing principle with national application.

Governments should monitor a transparent set of indicators: Employment and unemployment among recent arrivals; housing pressure; strain on schools, healthcare and other public services; integration outcomes; and the longer-term fiscal effects of different migration routes.

If several indicators moved beyond agreed thresholds, governments would be required to reconsider the routes over which they retain national discretion. They might tighten selection, slow admissions, alter conditions or redirect resources. If capacity improved, there could equally be room to expand.

The purpose of a brake is not to stop movement. It is to make movement possible without losing control.

Capacity must not become a polite synonym for public hostility towards foreigners. It should describe measurable institutional conditions.

Public confidence is different, but it matters too. No migration settlement can remain durable if citizens cease to believe that the system is governed or that rules have practical consequences.

Nor should indicators replace politics with an algorithm. Their purpose is to discipline discretion, not abolish it.

Governments would remain free to choose. They would simply be less free to pretend that deteriorating outcomes were not happening.

This logic applies particularly to labour migration. An ageing Europe needs skills from elsewhere. But labour shortages are not a blank cheque for ever-higher immigration.

Labour migration should be selective by design. Europe should compete confidently for doctors, researchers, engineers, entrepreneurs and workers in genuine shortage occupations.

Yet migration should not become a substitute for investment in productivity, training, working conditions or wages. If a business model depends upon a constant supply of lower-cost labour that weakens incentives to modernise, migration policy may be disguising a structural weakness rather than solving one.

Permits are not outcomes. The real test comes later: Are people working, using their skills, supporting themselves and building stable lives? Has the migration route achieved the purpose for which it exists?

Europe needs less politics of entry and more politics of outcomes.

There is also nothing wrong with crossing half the world in search of a better life. Wanting greater security and opportunity for oneself or one’s family is profoundly human. The question is how that better life is to be built.

Someone who comes lawfully to work, establish a business, develop their skills and support themselves should not be regarded with suspicion merely because they were born elsewhere. Successful migration can benefit both the individual and the society they join.

But a welfare state cannot sustainably make long-term dependence on public transfers the economic premise of migration. Its resources ultimately come from people who work, create value and pay taxes.

A safety net is one of Europe’s great social achievements. It should not become an immigration model.

That does not mean abandoning someone who loses a job, becomes ill or encounters temporary hardship. Nor does economic calculation override a genuine entitlement to international protection. It means that for working-age people capable of supporting themselves, migration should normally lead towards self-support.

The same seriousness is required at Europe’s borders. Irregular entry must confer no advantage.

People arriving outside lawful routes should be registered and screened promptly, with protection claims decided through effective border procedures or other lawful arrangements wherever possible. Irregular entry and the right to protection are, though, different legal questions.

Where an individual assessment establishes a right to protection, Europe must honour it. Where no right to remain exists, return should follow promptly. Protection where the law requires it; swift return where it does not.

A system in which positive asylum decisions have real consequences but final negative decisions frequently do not will eventually lose public credibility. The European Commission puts the EU return rate at 28 per cent in 2025, up from about 20 per cent when it proposed the new returns system in March 2025. That ultimately harms those genuinely entitled to refuge as well.

Protection should not automatically mean permanence either. International protection answers whether someone requires sanctuary from danger. Permanent residence and citizenship concern a different question: Long-term membership of a political community.

Those distinctions should remain meaningful.

But firmness at the border has an equally important counterpart. Europe should be firmer about who may enter and remain, and uncompromisingly fair towards those lawfully within it.

If we tell newcomers to learn the language, work, support themselves and participate, we cannot tolerate discrimination that prevents qualified people from doing precisely those things.

Employers must remain free to choose the strongest candidate. Qualifications, experience, language ability and suitability matter. Equality does not require identical outcomes.

But origin must not become a substitute for merit. A society cannot demand self-sufficiency from immigrants while tolerating discrimination that prevents them from becoming self-sufficient.

A person who has come lawfully, obeyed the law, worked, paid taxes and built a life here should not remain permanently on probation because they were born elsewhere. Rules must have consequences when they are broken. But meeting them must mean something too.

This leads to a principle that European migration politics too often divides into opposing camps:

Firm at the border. Fair within it.

Controlling admission and insisting upon equal treatment are not contradictions. One helps make the other legitimate.

Those who enter lawfully, respect the rules and contribute to the societies they join are not the problem migration policy exists to solve. They are evidence of what successful migration can look like.

Integration cannot be reduced to employment statistics. Europe can robustly protect freedom of religion and conscience for Christians, Muslims, Jews, people of other faiths and those of none while insisting that no religion or cultural tradition stands above common law.

Equality before the law, freedom of expression, freedom of conscience and the equal legal dignity of women and men are not optional features of European society. A tolerant Europe need not become indifferent to intolerance. But confidence in European principles must never become an excuse for collective suspicion.

The test should be conduct, not ancestry. A person who accepts the common civic order should be judged as an individual, not according to assumptions attached to their surname, ethnicity or faith.

This is why the deepest question in migration policy is ultimately one of political capacity:

Can European states still make distinctions?

Between labour migration that addresses a genuine need and migration that merely enlarges the supply of cheap labour.

Between seeking a better life through work and expecting that better life to be financed indefinitely by others.

Between sanctuary and permanence.

Between irregular entry and a lawful entitlement to protection.

Between temporary hardship and permanent dependency.

Between controlling admission and discriminating against lawful residents.

Between generosity that produces good outcomes and generosity that merely expresses good intentions.

Europe has spent enormous political energy reforming the machinery of migration. The next stage should be about its outcomes.

A fiscal brake asks governments to recognise that present choices create future obligations. An immigration capacity brake would bring the same discipline to migration policy.

Europe does not need to choose between becoming a fortress and pretending that borders no longer matter. Nor should it have to choose between compassion and control.

A mature Europe should be capable of admitting and refusing, protecting and returning, demanding integration and recognising it when it succeeds. It should be capable of saying yes with confidence and no with legitimacy.

The proper ambition is harder than either maximal openness or maximal restriction: To remain open where openness works, firm where limits are reached, humane where protection is owed, fair to those who play by the rules, and capable of knowing the difference.

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