The Common European Asylum System and the Receptions Directive Patrick Lefevre European Commission...

The Common European Asylum System and the

Receptions Directive

Patrick Lefevre

European Commission

DG Justice, Freedom and Security

The Common European Asylum System and the

Receptions Directive

Patrick Lefevre

European Commission

DG Justice, Freedom and Security

Asylum seekersAsylum seekers


Part 1:Part 1:The Common European Asylum The Common European Asylum

SystemSystem

What, Why, How, When and By What, Why, How, When and By Whom?Whom?


WHATWHAT IS THE CEAS? IS THE CEAS?

Creating an area of Creating an area of freedom, security and freedom, security and justicejustice

European CouncilEuropean Council of Tampere of Tampere Refugee Convention (Geneva) and EU Refugee Convention (Geneva) and EU

Charter of Fundamental RightsCharter of Fundamental Rights Long Term Goal: Long Term Goal: Common Asylum Common Asylum

Procedure and a Uniform Refugee Status Procedure and a Uniform Refugee Status Across the UnionAcross the Union


WHY WHY THE CEAS?THE CEAS?The The practicalpractical rationalerationale

Increase of AS in EuropeIncrease of AS in Europe ““burden” differs between Member burden” differs between Member

StatesStates limited national controlslimited national controls different rights and benefits across EUdifferent rights and benefits across EU asylum shoppingasylum shopping therefore: EU wide approach necessarytherefore: EU wide approach necessary


The The legallegal rationalerationale

Community action justified if:Community action justified if:– objectives cannot be achieved by Member objectives cannot be achieved by Member

States only;States only;– transnational aspects;transnational aspects;– potential conflict with Treaty or damage to potential conflict with Treaty or damage to

interests of MS;interests of MS;– benefits of community action in terms of benefits of community action in terms of

scale and effectsscale and effects


The The politicalpolitical rationalerationale

Accelerating factors...Accelerating factors... Obstacles to overcome...Obstacles to overcome...


HOWHOW TO CREATE TO CREATE THE CEAS?THE CEAS?Phase OnePhase One

Establish minimum standards regarding Establish minimum standards regarding protection, procedures and receptionprotection, procedures and reception

Determine responsibilities between Determine responsibilities between Member StatesMember States


Directive on minimum standards for Reception Conditions for

asylum seekers

Directive on minimum standards on Asylum Procedures

Regulation State Responsibility (Dublin II)

Directive on minimum standards for the Qualification for International Protection

Temporary Protection

European Refugee Fund

EURODACARGO


Proposals containing provisions applicable to refugees & Proposals containing provisions applicable to refugees & beneficiaries of subsidiary protection:beneficiaries of subsidiary protection:

family reunificationfamily reunification long term residency statuslong term residency status

Need for transparent

immigration policy

to...

Alleviate the pressure on asylum systems,

e.g., the proposal on legal immigration for the purposes

of employment and self-employment


High level working group on asylum and migration

JA I M in is te ria l C o u n c il

C O R E P E R(C o m m ittee o f P e rm a n en t R ep re se n ta tive s)

S C IF A(S tra te g ic Co m m itte e o n Im m ig ra tio n , F ro n tie r an d A sylu m )

D G s o f M e m b e r S ta tes

W o rkin g G ro u p o n A sylumT e ch n ica l E xp e rts fro m M e m b e r S ta tes


Phase TwoPhase Two

Phase One

(adoption of

directives)

•Transposition of directives•Second stage restricting the possibilities for options in

the areas where the first stage allows degree

of flexibility or derogation•Narrowing the band of policy option

•Convergence of national interpretation•Development of national and European case law

•Introduction of new elements•Deeper co-ordination built piece by piece

upon the first phase instruments


WHENWHEN WILL THE CEAS BE WILL THE CEAS BE THERE?THERE?

It was planned all to be in place by May 2004

•Temporary Protection Directive : directive adopted July 2001•EURODAC: regulation adopted Dec 2000

•ERF I : decision adopted Sept 2000•ERF II : decision adopted Dec 2004

•Reception Conditions Directive: Jan. 2003•Asylum Procedures Directive: formal adoption expected still this year

•Qualification Directive: April 2004•Dublin II Regulation: Feb. 2004

•ARGO: June 2002


Qualified Majority Voting ?Qualified Majority Voting ? Possible impact:Possible impact:

– more ambitious policy aspirationsmore ambitious policy aspirations– more prescriptive legislative instrumentsmore prescriptive legislative instruments– greater efficiency in adopting legislationgreater efficiency in adopting legislation– neutralization of obstaclesneutralization of obstacles


Part 2:Part 2:The Receptions Directive The Receptions Directive


Council Directive 2003/09/EC of 27 January Council Directive 2003/09/EC of 27 January 2003 (OJ2003 (OJ,, L 31 of 6 February 2003) laying L 31 of 6 February 2003) laying down minimum standards for the reception of down minimum standards for the reception of asylum seekersasylum seekers

23 MS (25 – IRL, DK), as from 1/5/2004 also 23 MS (25 – IRL, DK), as from 1/5/2004 also to NMSto NMS

AIM:AIM:– Avoid secondary movements of ASAvoid secondary movements of AS


OUTLINEOUTLINE

Directive deals with following questions:Directive deals with following questions: Who is entitled to reception facilitiesWho is entitled to reception facilities From what moment onFrom what moment on What do they consist ofWhat do they consist of What rights and benefits can one profit fromWhat rights and benefits can one profit from What obligations does one has to fulfilWhat obligations does one has to fulfil When does it endWhen does it end


AssessmentAssessment

Levelling down original COM proposal Levelling down original COM proposal 6 February 2005 : transposition by MS6 February 2005 : transposition by MS 2/3 OK2/3 OK End of 2006 proposal for eventual End of 2006 proposal for eventual

amendmentsamendments

The Common European Asylum System and the Receptions Directive Patrick Lefevre European Commission...

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