Migrants and Refugees Laws Vila Verde, Portugal, September 2017 Pedro Lançós

The Geneva Convention… “Most people can rely on the authorities in their country to secure and protect their basic human rights and physical security. But in the case of refugees, the country of origin has shown that it is unable or unwilling to protect those rights. The international protection system, of which the 1951 Geneva Convention is the main pillar, seeks to ensure that refugees benefit from protection in a host country” – Portuguese Refugees’ Comittee (www.cpr.pt)

The Question itself… “An analysis of the refugee situation in the world by UNHCR and published annually on the occasion of World Refugee Day reveals that by the end of 2016 there were about 65.6 million people forced to leave their homes for different types of conflicts, violence and persecution - 300,000 more than in the previous year. This represents a significant number of people in need of protection worldwide.” – UNHCR/CPR -Portuguese Refugees’ Comittee (www.cpr.pt)

The Question itself… “In recent years, wars and conflict in the Middle East and sub-Saharan African countries have led an unprecedented number of refugees to come to Europe. In 2015, the number of first time asylum applicants exceeded 1.2 million, compared to about half a million the previous year.” (Bordignon & Moriconi, 2017).

The Question itself… “By the second half of 2016, the crisis seemed to have decelerate, thanks to a great extent to a European agreement signed in March 2016 with Turkey that allowed Greece to return all new irregular migrants to Turkey in exchange for money and easier immigration to Europe for Turkish nationals” (Bordignon & Moriconi, 2017).

The Question itself… Dublin Convention of 15 June 1990 - on determining the State responsible for examining an asylum application lodged in a Member State of the European Union. Portugal ratified this instrument on 30 November 1992 (in D.R. I Series-A, Nº 291 of 18 December 1992).

The Question itself… “By December 2016, more than a year after the EU promised to relocate 160,000 refugees from Greece and Italy to other EU countries, a permanent home had only been found for 8,162 people, according to the European Commission. Part of the problem is the inadequacy of the existing legal framework defined by the Dublin Regulation 2. The attempts to revise the Dublin Regulation have so far failed.” (Bordignon & Moriconi, 2017).

The Question itself… “The EU responded to the refugee crisis by allocating additional resources, creating specific agencies and introducing a European Border and Coast Guard Agency. It also attempted to further harmonise asylum procedures through the Asylum Procedures Directive (2013/32/ EU) - which came into force in July 2015, and through EU agencies such as the European Asylum Support Office.” (Bordignon & Moriconi, 2017).

The Question itself… The Asylum Procedures Directive (2013/32/ EU), refers a common asylum policy including an european asylum system under an equitative sharing of responsibility and funding (according. w/ EU official paper I 180/60 of 29/6/2013).

The Question itself… The European Common Asylum System was built over the Directive 2005/85/CE. According with the Hague Programme, the objective to be pursued in the establishment of the Common European Asylum System is the establishment of a common procedure for asylum and an uniform status throughout the Union. In 16/10/2008 the European Pact on Immigration and Asylum appealed a common asylum procedure to complete the European Asylum System. That was reinforced by the Stockholm Programme in 2009

The european law… Chart of Fundamental Rights of the European Union - Articles 18 and 19 - Treaty establishing the European Community (as amended by the Treaty of Nice) - Articles 61 to 69. Treaty of Maastricht, adopted 11/12/91 (Entry into force on 01/11/93 - Articles) K1 to K9 Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders (Articles 28 to 38).

The european law… Dublin Convention of 15 June 1990 on determining the State responsible for examining an asylum application lodged in a Member State of the European Union. Portugal ratified this instrument on 30 November 1992 (in D.R. I Series - A N. 291 of 18 December 1992)

The european law… Council Regulation (EC) No 168/2007 of 15 February 2007 establishing the European Union Agency for Fundamental Rights Decision No 573/2007 of the European Parliament and of the Council of 23 May 2007 establishing the European Refugee Fund for the period 2008 to 2013 Council Decision 2006/688 / EC of 5 October 2006 on the establishment of a mutual information mechanism on Member States' measures in the areas of asylum and immigration Council Directive 2005/85 / EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status.

The european law… Regulation (EC) No 491/2004 of the European Parliament and of the Council (Establishes a program of technical and financial assistance to third countries on migration and asylum (AENEAS) Council Decision 2004/927 / EC (Article 251 of the Treaty establishing the European Community applies to certain areas of Title IV of Part Three of that Treaty) Council Directive 2004/83 / EC (lays down minimum standards for the qualification of third-country nationals or stateless persons as refugees or persons Status and the content of the protection granted)

The european law… Council Directive 2003/86 / EC of 22 September 2003 on family reunification Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for the implementation of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining a An application for asylum lodged in one of the Member States by a third-country national Council Regulation (EC) No 343/2003 of 18 February 2003 (Dublin II) establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a Member State National of a third country.

The european law… Council Directive 2003/9 / EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers in Member States. Council Regulation (EC) No 1030/2002 of 13 June 2002 establishing a uniform format for residence permits for third-country nationals Council Regulation (EC) No 2725/2000 of 11 December 2000 on the establishment of the 'EURODAC' system for the comparison of fingerprints for the effective application of the Dublin Convention.

The european law… Directive 2001/55 / ​​EC of 20 July on minimum standards on the granting of temporary protection in the event of a mass influx of displaced persons and on measures to ensure a balanced distribution of effort by Member States in receiving such persons And bear the consequences thereof. Decision 2000/596 / EC of 28 September establishing the European Refugee Fund Directive 2000/43 / EC of 29 June implementing the principle of equal treatment between persons irrespective of racial or ethnic origin Directive 2000/78 / EC * of 27 November establishing a general framework for equal treatment in employment and occupation.

The european law… Resolution on minimum guarantees in asylum procedures (06/21/95) Resolution on manifestly unfounded applications for asylum (London Resolution - 01/12/92) Resolution on a harmonized approach to matters relating to host third countries (London Resolution - 01/12/92)

The european law… Council Regulation (EC) Nº 2007/2004 (Establishment of a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union) Council Regulation (EC) Nº 377/2004 (on establishing a network of immigration liaison officers) Council Directive 2004/81 /EC (on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration and who cooperate with the competent authorities)

The european law… European Agreement on the Suppression of Visas for Refugees approved for ratification by Decree N. 75/81 of 16 June (Diário da República No. 136, Series I of 16 June 1981) European Agreement on the Transfer of Responsibility Relating to Refugees, approved for ratification by Decree 140/81 of 15 December. (Diário da República No. 287, Series I of December 15, 1981) Declaration on Territorial Asylum Recommendation No. 787 of 1986 on harmonization of eligibility in accordance with the 1951 Geneva Convention and the 1961 New York Protocol Recommendation No. 293 of 1961 on the right of asylum

The portuguese law… Lei nº 27/2008 (law) of 30 June - Establishes the conditions and procedures for the granting of asylum or subsidiary protection and the statutes of asylum seeker, refugee and subsidiary protection, transposing into national law the Directives Nos. 2004/83 / EC of the Council of 29 April and 2005/85 / EC of the Council of 1 December. Available at: www.cpr.pt->Áreas de intervenção->legislação

The portuguese law… Lei nº 26/2014 (law) of May 5 (Proceeds to the first amendment to Lei nº 27/2008, of June 30, which establishes the conditions and procedures for granting asylum or subsidiary protection and the Asylum, refugee and subsidiary protection, transposing Directives 2011/95 / EU of the European Parliament and of the Council of 13 December 2013/32 / EU of the European Parliament and of the Council of 26 June , And 2013/33 / EU of the European Parliament and of the Council of 26 June)

The portuguese law… Portaria n.º 396/2008 (Ordinance) of June 6 -Approves the model of travel document for foreign citizens resident in the country as refugees. Portaria nº 78/2008, of 25 January - Approves the Regulation of the Funding by the European Refugee Fund Resolution of the Council of Ministers nº 110/2007, of July 12 - Determines, for the purposes of Law no. 15/98, of 26 March, that conditions will be created to grant asylum at least to 30 persons , and this number may be reviewed by the Minister of Internal Administration.

The portuguese law… Resolution of the Council of Ministers nº 155-A / 2006 of 17 November -Creates, within the scope of the Ministry of Internal Affairs, a mission structure to manage the Solidarity and Management of Migration Flows Program and Respective coordinator. Decreto-Lei nº 222/2006, (Decree-Law ) of 10 November - Defines the organizational structure for the implementation of the European Refugee Fund for the period 2005-2010, in its management, monitoring, evaluation and control Public funding of eligible activities to be carried out under the same Fund.

The portuguese law… Portaria nº 996/2008 (Ordinance), of 4 of September - Amendment to Portaria/Ordinance no. 480/2003 of 16 June, approving the uniform format for residence permits for third country nationals) Portaria nº 1042/2008 of 15 September - Establishes the terms and guarantees of the access of asylum seekers and their family members to the National Health Service.

The portuguese law… Lei nº 20/2006 (Law) of 23 June - Approves additional provisions of the legal framework on asylum and refugees, ensuring full transposition into national law of Council Directive 2003/9 / EC of 27 January, laying down minimum standards for the reception of asylum seekers in the Member States Portaria nº 480/2003 (Ordinance) of 16 June - Approves the uniform format for residence permits for foreigners authorized to reside in Portuguese territory, foreigners who have been granted refugee status and foreigners who have been granted Residence permit for humanitarian reasons.

The portuguese law… Portaria 30/2001 (Ordinance) of 17 January - Modalities of medical and medical assistance to be provided at various stages of the granting of the right of asylum. Decreto-Lei nº 252/2000 (Decree-Law), of 16 October - Approves the Organic Law of the Foreign and Borders Service. Portaria 471/98, of August 3 - I Series B (Model of safe conduct for asylum seekers to whom a decision to transfer responsibility for the analysis of the request is made)

The portuguese law… Decreto-Lei nº 85/2000 (Decree-Law), of May 12 - to place on the same footing spaces created at Portuguese airports by Resolution of Council of Ministers no. 76/97, of April 17, to temporary installation centers, for the purposes of the provisions of paragraph 4 of article 22 of Decreto-Lei nº 244/98, of 8 August, with the redaction/wording of Law no. 97/99, of July 26, pending the approval of Which refers to Article 6 of Law 34/94, of 14 September.

The portuguese law… Resolution of the Council of Ministers no. 76/97 of 14 May - Establishes guidelines on the situation of passengers declared "inadmissible" at the border posts of Portuguese airports. Lei nº 34/94 (Law) of 14 September - Scheme for the reception of foreigners or stateless persons in Temporary Installation Centers.

The portuguese law…temporary protection Lei nº 67/2003 (Law) of 23 August - Transposes into national law Council Directive 2001/55 / EC of 20 July on minimum standards on the granting of temporary protection. Resolution of the Council of Ministers no. 29/99 - I Series B of 6 April 1999 (Emergency humanitarian aid for refugees from Kosovo) Resolution of the Council of Ministers no. 44/99 - I Series B (Concession of P.T. to citizens of Kosovo) Resolution of the Council of Ministers no. 94/98 - I Series B (Concession of P.T. to the displaced persons of Guinea-Bissau) Portaria 470-D / 98 (Ordinance) of July 31 - I Series B (Approval of the Residence Title resulting from Resolution 94/98)

The portuguese law…foreigners law Lei nº 23/2007 (Law), of July 4 (Defines the conditions and procedures for entry, stay, departure and removal of foreign citizens from Portuguese territory, as well as long-term resident status. Decreto regulamentar No. 84/2007 (Regulatory Decree ), of November 5 (Regulates Law no. 23/2007, of July 4, which regulates entry, stay, departure and removal of foreigners from Portuguese territory, as well as the status of resident of Long term) Portaria nº 208/2008 (Ordinance), of 27 February (Defines the terms of facilitation of the procedure for granting visas to obtain residence permits for nationals of third States participating in Community programs promoting mobility for the European Union or the Community Of Portuguese-speaking countries or in their interest.)

The portuguese law…foreigners law Portaria n.º 1563/2007 (Ordinance), of December 11 - It fixes the means of subsistence that foreign citizens must enter to stay and stay in the national territory, namely for the granting of visas and extension of permanence and concession and renewal of titles Of residence. Decreto-Lei no. 368/2007 (Decree-Law), of 5 November -Granting of residence permit to a foreign citizen identified as a victim of the crime of trafficking in persons

The portuguese law…foreigners law Portaria nº 727/2007, of September 6 (Approves the fees and other charges to be charged for administrative procedures provided for in Law no. 23/2007, of July 4) Resolution of the Council of Ministers no. 63-A / 2007, of May 3 (Approves the National Plan for the Integration of Immigrants) Lei no. 37/2006, of 9 August (It regulates the exercise of the right of free movement and residence of the citizens of the European Union and of the members of their families in the national territory and transposes Directive 2004 / 38 / EC of the European Parliament and of the Council of 29 April)

The portuguese law…For the countryless President of the Republic’s Decrees 133 and 134/2012 of August 7 - Ratifying the 1954 and 1961 Statelessness Conventions - see Conventions below, under "Instruments of a Universal Character“ in Legislation at www.cpr.pt. Aditionally are available at www.cpr.pt the Universal, European and Regional instruments, apart from UNHCR’s proceeding’s manual to determine refugee status, as well as the terminology concerning the asylum right.

References Bordignon, M and Moriconi, S. 2017.The case for a common European refugee policy - Policy Contribution Issue n˚8 | 2017. Bruegel (http://bruegel.org/wp-content/uploads/2017/03/PC-08-2017.pdf) Asylum Procedures Directive (2013/32/ EU) Portuguese Committee for Refugees (www.cpr.pt ) Foreigners and Borders Service - www.sef.pt

That’s All! Thank You for your Attention