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 seekers

Part 1: The Common European Asylum System What, Why, How, When and By Whom?

Asylum seekers WHAT IS THE CEAS?  Creating an area of freedom, security and justice  European Council of Tampere  Refugee Convention (Geneva) and EU Charter of Fundamental Rights  Long Term Goal: Common Asylum Procedure and a Uniform Refugee Status Across the Union

Asylum seekers WHY THE CEAS? The practical rationale  Increase of AS in Europe  “burden” differs between Member States  limited national controls  different rights and benefits across EU  asylum shopping  therefore: EU wide approach necessary

Asylum seekers The legal rationale  Community action justified if: –objectives cannot be achieved by Member States only; –transnational aspects; –potential conflict with Treaty or damage to interests of MS; –benefits of community action in terms of scale and effects

Asylum seekers The political rationale  Accelerating factors...  Obstacles to overcome...

Asylum seekers HOW TO CREATE THE CEAS? Phase One  Establish minimum standards regarding protection, procedures and reception  Determine responsibilities between Member States

Asylum seekers 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 EURODAC ARGO

Asylum seekers  Proposals containing provisions applicable to refugees & beneficiaries of subsidiary protection:  family reunification  long 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

Asylum seekers High level working group on asylum and migration

Asylum seekers Phase 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

Asylum seekers WHEN WILL THE CEAS BE 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 Asylum Procedures Directive: formal adoption expected still this year Qualification Directive: April 2004 Dublin II Regulation: Feb ARGO: June 2002

Asylum seekers  Qualified Majority Voting ?  Possible impact: –more ambitious policy aspirations –more prescriptive legislative instruments –greater efficiency in adopting legislation –neutralization of obstacles

Asylum seekers Part 2: The Receptions Directive

Asylum seekers  Council Directive 2003/09/EC of 27 January 2003 (OJ, L 31 of 6 February 2003) laying down minimum standards for the reception of asylum seekers  23 MS (25 – IRL, DK), as from 1/5/2004 also to NMS  AIM: –Avoid secondary movements of AS

Asylum seekers OUTLINE  Directive deals with following questions:  Who is entitled to reception facilities  From what moment on  What do they consist of  What rights and benefits can one profit from  What obligations does one has to fulfil  When does it end

Asylum seekers Assessment  Levelling down original COM proposal  6 February 2005 : transposition by MS  2/3 OK  End of 2006 proposal for eventual amendments