I. The European Union: Past and Present II. The rights of asylum seekers under European and Dutch law Food for Thought Radboud University Nijmegen 29 February 2016

Why European Union?

Why a European Union? After 1945: avoid extreme nationalism and war in Europe; improve living conditions 1951 European Coal and Steel Community 1957 European Economic Community (EEC) 1986 Single Market 1992 European Union 1995 Schengen 2002 euro

From workers to citizens and from economics to politics 1957: Four freedoms = free movement of goods, capital, services and workers 1986: Single Market = area without internal borders 1992: EU and Union citizenship 2009: EU Charter Fundamental Rights

Beneficial effects Peace between Member States (talking, cheating and litigating rather than fighting) Assisted change to democracy in Southern and Eastern Europe: Greece, Spain, Portugal, CEEC Rising living standards and welfare Increased mobility for individuals (new experiences, profit and human rights) No extreme nationalism (yet?)

European Union a magnet From 6 (1957) to 28 (2013) Member States EU more competences: from economics to asylum, education, health, energy, police, etc. EU rules effect outside EU in neighbouring countries, candidate Member States, EU rules as informal model, foreign firms have to comply with EU rules (Microsoft, Google) More Member States => more internal diversity

EU today 28 Member States 500 million inhabitants of which 93% live in their own Member State 3% nationals of other Member States 4% from countries outside EU 24 official languages 25% of the world’s Gross Domestic Product

Main EU institutions Council of Ministers (one minister of each Member State) European Parliament (directly elected) European Commission: proposes new laws and supervises implementation by Member States EU Court of Justice: interprets EU law, decides conflicts between Member States and EU

System EU EU laws (regulation or directives) made in Brussels on EU level by Council and Parliament Transposition of EU laws in national law and application of EU law in practices is task of Member States authorities Control on correct application primarly by national courts Relatively small budget and bureacracy of EU

Dilemma’s Uniform EU rules have different meanings and effects and are applied differently in Member States (internal diversity EU) Not all Member States participate in all areas (Schengen; euro; immigration; police) (diversity) UK may leave EU after referendum (“Brexit”) Many problems can only be solved at EU level but Member States refuse to transfer power to EU National politicians blame “Brussels” but have agreed to rules before => makes EU unpopular

Do you have Questions?

II. The rights of asylum seekers under European and Dutch law

European law European Convention on Human Rights 1950 in force for all 47 Member States including Netherlands and Turkey EU Treaty and directives and regulations of EU valid for 28 Members States European law prevails over Netherlands law

European Convention Human Rights Asylum seekers are human beings having all rights guaranteed by ECHR to ‘everyone’, such as: Freedom of religion (visit mosque or church) Freedom of speach, including reading books Freedom of association and demonstration Freedom to move within the country Right to education (compulsory for children) Right to petition public authorities (Ombudsman)

EU Reception Conditions Directive Directive 2013/33 sets minimum conditions for the reception of asylum seekers Guarantees housing, food, clothing and a daily expenses allowance, and essential health care Information about rights and ID card Access to education for minors in 3 months Access to employment after 9 months Special care for vulnerable persons

Rights asylum seekers do not have Does not have the right to work (after six months only with work permit) But may perform voluntary (unpaid) work No right to social security or assistance No right to family reunification yet No right to travel to other EU States

Residence permit for asylum With asylum status much more rights (and obligations): Right to family reunification Right to work without work permit Equal treatment in social security/assistance Equal treatment education, incl. scolarships Obligation to pass language & integration test in three years

Difficult to enforce rights in practice Law in the books  law in practice Difference caused by: Lack of knowledge about rule and remedies No money (contribution sportsclub; right to travel but who pays ticket?) Fear for possible repercussions because fully dependent on government (COA and IND) Procedures may take long time

Critical reports on Heumensoord Reports by National Ombudsman and Institute for Human Rights (February 2016) Three main points of criticism: (1)COA no effective system of dealing with complaints (2) Insuffient protection against discrimination (EU directive: protection vulnerable persons)

Critical reports on Heumensoord II (3)“Total absence of privacy, no pocket money, uncertaincy duration asylum procedure and when request for family reunification result in health problems, such as stress, sleeping problems and depression” Visible effects of reports?

Heumensoord and non-legal norms Non-legal norms, ethical and moral norms also relevant: Honesty(promises IND not kept) Respect (treatment by COA) Human dignity (in EU Charter) Duration of procedures and reception conditions also part of government policy (1) ‘Netherlands should not more attractive than neighboring states’ and (2) ‘asylum seeker should not yet integrate in Dutch society’

conclusions Asylum seekers have many rights, but not easy to realize in practice Dutch government was not prepared for large number of asylum seekers => improvisation Government policy ambivalent: decent treatment asylum seekers, but not better than neighbouring countries and no integration Divided opinions in Dutch population, also due to absence of clear political line in Netherlands/EU Recent policy tendency: no more Heumensoord, but small scale reception centres