22

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Reform of the Dublin system

30-09-2020

The refugee and migrant crisis in Europe has exposed the need for reform of the Common European Asylum System, in general, and of the Dublin rules, in particular. The Commission’s proposal of 4 May 2016 to reform the Dublin system would not change the existing criteria for determining which Member State is responsible for examining an asylum application. Instead of a fundamental overhaul of the Dublin regime, as suggested by Parliament, the Commission proposed to streamline and supplement the current ...

The refugee and migrant crisis in Europe has exposed the need for reform of the Common European Asylum System, in general, and of the Dublin rules, in particular. The Commission’s proposal of 4 May 2016 to reform the Dublin system would not change the existing criteria for determining which Member State is responsible for examining an asylum application. Instead of a fundamental overhaul of the Dublin regime, as suggested by Parliament, the Commission proposed to streamline and supplement the current rules with a corrective allocation mechanism. This mechanism would be triggered automatically were a Member State to be faced with disproportionate numbers of asylum-seekers. If a Member State decided not to accept the allocation of asylum-seekers from another one under pressure, a ‘solidarity contribution’ per applicant would have to be made instead. An agreement on the balance between responsibility and solidarity regarding the distribution of asylum-seekers will be a cornerstone for the new EU asylum policy. Although Parliament’s LIBE committee adopted its positon in autumn 2017, the Council has been unable to reach a position on the proposal. Third edition of a briefing originally drafted by Detelin Ivanov. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure. Please note this document has been designed for on-line viewing.

Resettlement of refugees: EU framework

29-03-2019

Resettlement is one tool to help displaced persons in need of protection reach Europe safely and legally, and receive protection for as long as necessary. It is a durable solution which includes selection and transfer of refugees from a country where they seek protection to another country. Apart from providing international protection to refugees, its aim is also to strengthen solidarity and responsibility-sharing between countries. For a resettlement to take place, the United Nations Refugee Agency ...

Resettlement is one tool to help displaced persons in need of protection reach Europe safely and legally, and receive protection for as long as necessary. It is a durable solution which includes selection and transfer of refugees from a country where they seek protection to another country. Apart from providing international protection to refugees, its aim is also to strengthen solidarity and responsibility-sharing between countries. For a resettlement to take place, the United Nations Refugee Agency (UNHCR) has to determine an applicant is a refugee according to the 1951 Geneva Convention, and has to identify resettlement as the most appropriate solution. On 13 July 2016, as part of the reform of the Common European Asylum System and the long-term policy on better migration management, the Commission presented a proposal which aims to provide for a permanent framework with standard common procedures for resettlement across the EU, and will complement current national and multilateral resettlement initiatives. Although a partial provisional agreement on the proposal was reached between the Parliament and Council in summer 2018, the Council has been unable to endorse that, nor agree on a mandate for further negotiations.

Reception of asylum-seekers - recast Directive

29-03-2019

States must treat asylum-seekers and refugees according to the appropriate standards laid down in human rights and refugee law. The current migration crisis revealed wide divergences in the level of reception conditions provided by Member States. While some are facing problems in ensuring adequate and dignified treatment of applicants, in others the standards of reception provided are more generous. This has led to secondary movements of asylum-seekers and refugees, and has put pressure on certain ...

States must treat asylum-seekers and refugees according to the appropriate standards laid down in human rights and refugee law. The current migration crisis revealed wide divergences in the level of reception conditions provided by Member States. While some are facing problems in ensuring adequate and dignified treatment of applicants, in others the standards of reception provided are more generous. This has led to secondary movements of asylum-seekers and refugees, and has put pressure on certain Member States. The aim of the proposed recast directive, which would replace the current Reception Conditions Directive, is to ensure greater harmonisation of reception standards and more equal treatment of asylum-seekers across all Member States, as well as to avoid ‘asylum shopping’ whereby asylum-seekers choose the Member State with the highest protection standards for their application. Although the co-legislators reached provisional agreement on the proposal in trilogue, Coreper was not able to confirm the Council’s support for that text and trilogue negotiations have yet to restart. Fourth edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Recast Eurodac Regulation

18-03-2019

Eurodac is a biometric database in which Member States are required to enter the fingerprint data of asylum-seekers in order to identify where they entered the EU. Established in 2000 and reviewed in 2013, its main purpose is to facilitate the application of the Dublin Regulation. The 2013 revision broadened the scope to enable law enforcement authorities too to access the Eurodac database. As part of the reform of the Common European Asylum System, the European Commission proposes a recast Eurodac ...

Eurodac is a biometric database in which Member States are required to enter the fingerprint data of asylum-seekers in order to identify where they entered the EU. Established in 2000 and reviewed in 2013, its main purpose is to facilitate the application of the Dublin Regulation. The 2013 revision broadened the scope to enable law enforcement authorities too to access the Eurodac database. As part of the reform of the Common European Asylum System, the European Commission proposes a recast Eurodac Regulation. The proposal is now with the co-legislators, who need to ensure that the reinforcement of the system is in compliance with the fundamental rights of migrants as well as the principles of data protection. Second edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Common procedure for asylum

18-03-2019

As one of five key acts of the common European asylum system (CEAS), the Asylum Procedures Directive sets out common procedures for Member States for granting and withdrawing international protection in accordance with the Qualification Directive. Following the large influx of asylum-seekers to the European Union since 2014, the directive came under criticism for being too complex and for leaving Member States too broad discretion, leading to differences in length of procedures and procedural guarantees ...

As one of five key acts of the common European asylum system (CEAS), the Asylum Procedures Directive sets out common procedures for Member States for granting and withdrawing international protection in accordance with the Qualification Directive. Following the large influx of asylum-seekers to the European Union since 2014, the directive came under criticism for being too complex and for leaving Member States too broad discretion, leading to differences in length of procedures and procedural guarantees, for example through the use of accelerated procedures and safe country lists. As part of the reform of the CEAS, on 13 July 2016, the Commission published a proposal to replace the current directive with a regulation establishing a common procedure for international protection in all participating Member States. The choice of a directly applicable regulation is expected to bring about full harmonisation of the procedures, ensuring same steps, timeframes and safeguards across the EU. Third edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Humanitarian visas

17-10-2018

90 % of those granted international protection reach the European Union through irregular Means. Member States' failure to offer regular entry pathways to those seeking international protection undermines the achievement of their Treaty and fundamental rights obligations. This situation also has severe individual impacts in terms of mortality and damage to health, negative budgetary and economic impacts EU legislation on humanitarian visas could close the current effectiveness and fundamental rights ...

90 % of those granted international protection reach the European Union through irregular Means. Member States' failure to offer regular entry pathways to those seeking international protection undermines the achievement of their Treaty and fundamental rights obligations. This situation also has severe individual impacts in terms of mortality and damage to health, negative budgetary and economic impacts EU legislation on humanitarian visas could close the current effectiveness and fundamental rights protection gap in EU asylum policy by offering safe entry pathways, reducing irregular migration and result in increased management, coordination and efficiency in the asylum process, as well as promoting fair cost-sharing.

EU asylum, borders and external cooperation on migration: Recent developments

21-09-2018

This publication takes stock of recent EU developments in the area of asylum, borders and external cooperation on migration. It discusses key initiatives put forward by the EU in order to respond to migratory challenges, focusing on three major aspects: reforming the common European asylum system, strengthening the EU's external borders and reinforcing the EU's external cooperation on migration.

This publication takes stock of recent EU developments in the area of asylum, borders and external cooperation on migration. It discusses key initiatives put forward by the EU in order to respond to migratory challenges, focusing on three major aspects: reforming the common European asylum system, strengthening the EU's external borders and reinforcing the EU's external cooperation on migration.

Acquisition and loss of citizenship in EU Member States: Key trends and issues

09-07-2018

Access to citizenship status is an important prerequisite for enjoying rights and privileges, such as migration and political rights, as well as for developing a sense of identity and belonging. Since the establishment of Union citizenship, all persons who are nationals or citizens of an EU Member State enjoy the status of EU citizenship, which confers on them a number of additional rights and privileges. However, Member States retain full control over who can be recognised as a citizen. Although ...

Access to citizenship status is an important prerequisite for enjoying rights and privileges, such as migration and political rights, as well as for developing a sense of identity and belonging. Since the establishment of Union citizenship, all persons who are nationals or citizens of an EU Member State enjoy the status of EU citizenship, which confers on them a number of additional rights and privileges. However, Member States retain full control over who can be recognised as a citizen. Although the legal rules on the acquisition and loss of citizenship in the EU Member States remain fairly divergent, one can identify a number of key trends and issues. The need to integrate long-term immigrants has pushed EU countries to amend their citizenship laws. This often resulted in making citizenship both more liberal (lowering residence requirements and tolerating dual citizenship) and more restrictive (introducing integration clauses and citizenship tests). The surge in terrorist activities in the EU, which involve citizens, prompted several Member States to revise or reactivate citizenship provisions allowing for citizenship to be revoked. Concerns about immigrants' integration, allegiance and belonging, as well as about the cultural and economic consequences of regional integration and globalisation are at the heart of recent debates about citizenship in Europe. As the Maltese case of investor citizenship shows, the issue of access to citizenship is no longer a matter that concerns Member States alone. The bundling of national and EU citizenship means that Member States have a certain responsibility towards each other when taking decisions over who to accept (or reject) as citizens.

EU asylum, borders and external cooperation on migration: Recent developments

18-05-2018

This publication takes stock of recent EU developments in the area of asylum, borders and external cooperation on migration. It discusses key initiatives put forward by the EU in order to respond to migratory challenges, focusing on three major aspects: reforming the common European asylum system, strengthening the EU's external borders and reinforcing the EU's external cooperation on migration.

This publication takes stock of recent EU developments in the area of asylum, borders and external cooperation on migration. It discusses key initiatives put forward by the EU in order to respond to migratory challenges, focusing on three major aspects: reforming the common European asylum system, strengthening the EU's external borders and reinforcing the EU's external cooperation on migration.

The implications of the United Kingdom’s withdrawal from the European Union on readmission cooperation

06-02-2018

This briefing investigates the implications of the United Kingdom’s withdrawal from the European Union in the area of readmission policy as part of the wider Area of Freedom, Security and Justice. The authors examine the UK’s current engagement with the EU’s readmission policy and the asymmetrical nature of the impact of the UK’s withdrawal. They also map the potential future relationship on readmission and, using existing models of cooperation with third countries, set out how this can be structured ...

This briefing investigates the implications of the United Kingdom’s withdrawal from the European Union in the area of readmission policy as part of the wider Area of Freedom, Security and Justice. The authors examine the UK’s current engagement with the EU’s readmission policy and the asymmetrical nature of the impact of the UK’s withdrawal. They also map the potential future relationship on readmission and, using existing models of cooperation with third countries, set out how this can be structured within the future relationship agreement.

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