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Recast Eurodac Regulation

26-03-2021

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 European Union (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 provide law enforcement authorities with access to the Eurodac database. As part of the reform of the common European asylum system in 2016, the European Commission ...

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 European Union (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 provide law enforcement authorities with access to the Eurodac database. As part of the reform of the common European asylum system in 2016, the European Commission proposed a recast Eurodac Regulation. The co-legislators reached a partial agreement on the proposal in 2018. As part of the broader migration and asylum pact, the new Commission presented an amended proposal on 23 September 2020. The Commission expects the co-legislators to promptly adopt the proposal on the basis of the agreement already reached. Third edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Schengen Borders Code

26-03-2021

Presently, the Schengen Area is confronted with a different reality than in 2016, when the European Parliament and Council approved Regulation (EU) 2016/399 (as codification of Regulation (EC) No 562/2006 and its subsequent amendments), establishing a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code). As stated in the Commission Work Programme of 2021, the current health crisis and pandemic, and recent developments - related to security concerns and ...

Presently, the Schengen Area is confronted with a different reality than in 2016, when the European Parliament and Council approved Regulation (EU) 2016/399 (as codification of Regulation (EC) No 562/2006 and its subsequent amendments), establishing a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code). As stated in the Commission Work Programme of 2021, the current health crisis and pandemic, and recent developments - related to security concerns and the arrival of refugees -, have exposed the EU’s need to strengthen its crisis preparedness and management of cross-border pressures, as well as keeping the Schengen legislation updated, making it suitable to endure the test of time.

Data on returns of irregular migrants

23-03-2021

The Return Directive is the main piece of EU legislation governing return procedures. In general terms, under this directive, Member States must issue a return decision (an administrative or judicial decision imposing an obligation to leave the territory) for every third-country national found to be irregularly present on their territory. A proposal to recast the EU Return Directive is currently under discussion in the European Parliament and in Council. This infographic sets out the key data relating ...

The Return Directive is the main piece of EU legislation governing return procedures. In general terms, under this directive, Member States must issue a return decision (an administrative or judicial decision imposing an obligation to leave the territory) for every third-country national found to be irregularly present on their territory. A proposal to recast the EU Return Directive is currently under discussion in the European Parliament and in Council. This infographic sets out the key data relating to EU return policy.

Recasting the Return Directive

11-03-2021

The Return Directive is the main piece of EU (European Union) legislation governing the procedures and criteria to be applied by Member States when returning irregularly staying third-country nationals, and a cornerstone of EU return policy. Taking into account the decrease in the EU return rate (from 45.8 % in 2016 to 28.9 % in 2019) and following European Council and Council calls to review the 2008 legal text to enhance the effectiveness of EU return policy, in September 2018 the Commission proposed ...

The Return Directive is the main piece of EU (European Union) legislation governing the procedures and criteria to be applied by Member States when returning irregularly staying third-country nationals, and a cornerstone of EU return policy. Taking into account the decrease in the EU return rate (from 45.8 % in 2016 to 28.9 % in 2019) and following European Council and Council calls to review the 2008 legal text to enhance the effectiveness of EU return policy, in September 2018 the Commission proposed a targeted recast of the directive aiming to 'reduce the length of return procedures, secure a better link between asylum and return procedures, and ensure a more effective use of measures to prevent absconding'. In the 2014-2019 parliamentary term, whereas the Council reached a partial general approach on the proposal, the European Parliament did not reach a position. A draft report was presented to the Committee on Civil Liberties, Justice and Home Affairs (LIBE) but was not adopted. After the 2019 elections, Parliament decided to resume work on the proposal. A new draft report was published on 21 February 2020, but it was not presented in the LIBE committee until 10 September 2020 on account of delays caused by the Covid-19 pandemic. The deadline for tabling amendments expired on 23 September 2020 and the LIBE committee is currently considering the 754 amendments tabled. Third edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Common procedure for asylum

08-03-2021

As part of the common European asylum system (CEAS), the Asylum Procedures Directive sets out 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 after 2014, the directive came under criticism for being too complex and for leaving Member States too broad discretion, leading to differences in treatment and outcomes. On 13 July 2016, as part of the reform ...

As part of the common European asylum system (CEAS), the Asylum Procedures Directive sets out 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 after 2014, the directive came under criticism for being too complex and for leaving Member States too broad discretion, leading to differences in treatment and outcomes. On 13 July 2016, as part of the reform of the CEAS, the Commission published a proposal to replace the current directive with a regulation establishing a common procedure for international protection applicable in all participating Member States. The choice of a directly applicable regulation is expected to bring about harmonisation of the procedures, ensuring same steps, timeframes and safeguards across the EU. The 2016 proposal having reached deadlock, the Commission proposed an amended regulation on 23 September 2020 under its new pact on asylum and migration, suggesting targeted amendments to help overcome certain contentious issues relating in particular to the border procedure and return. The amended proposal is currently being examined by the co-legislators with a view to fixing their positions in order to resume trilogue negotiations shortly. Fourth edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Migrant seasonal workers in the European agricultural sector

26-02-2021

The EU fruit and vegetable sector is heavily dependent on a non-national labour force, either from other EU Member States or third countries. Germany, Italy, Spain, France and Poland, in particular, employ high numbers of migrant seasonal farm workers. While these numbers have been steadily increasing, they compensate only partly for the ongoing decline in national agricultural workforces. Migrant seasonal workers from the EU are entitled to fully equal treatment with nationals of the host country ...

The EU fruit and vegetable sector is heavily dependent on a non-national labour force, either from other EU Member States or third countries. Germany, Italy, Spain, France and Poland, in particular, employ high numbers of migrant seasonal farm workers. While these numbers have been steadily increasing, they compensate only partly for the ongoing decline in national agricultural workforces. Migrant seasonal workers from the EU are entitled to fully equal treatment with nationals of the host country under the fundamental right to the free movement of workers within the EU, whereas third-country nationals are covered by the Seasonal Workers Directive of 2014, which grants them equal treatment as regards terms of employment and some social benefits. EU Member States manage their own seasonal worker schemes depending on the needs of the domestic labour market, their ties with third countries and their broader immigration system. The reality of seasonal agricultural work is a harsh one, with generally poor working and living conditions. Undocumented migrants, but also legal ones, can fall victim to illegal gang-master practices or even modern forms of slavery. Exploitation of women occurs in certain regions. The coronavirus pandemic, which disrupted harvests in the spring of 2020 as seasonal workers faced travel restrictions, also highlighted their essential role in EU agriculture and laid bare their sometimes appalling working and living conditions. Reacting to this situation, the European Parliament adopted a resolution on the protection of seasonal workers in June 2020, calling on Member States to ensure proper implementation of the relevant EU legislation and on the European Commission to issue new specific guidelines and propose long-term solutions to fight abusive practices and protect victims. In July 2020, the Commission responded to this call by issuing new guidelines on the protection of seasonal workers in the context of the pandemic, announcing further action, including ongoing work with the European Labour Authority.

Crisis and force majeure regulation

14-01-2021

In September 2020, the European Commission proposed a new pact on asylum and migration. The legislative package related to the pact includes a proposal for a regulation dealing with crisis and force majeure in the field of migration and asylum, aimed at establishing a mechanism for dealing with mass influxes and irregular arrivals of third-country nationals in a Member State. The regulation would set out the solidarity mechanism procedure in the event of returns of irregular migrants applying the ...

In September 2020, the European Commission proposed a new pact on asylum and migration. The legislative package related to the pact includes a proposal for a regulation dealing with crisis and force majeure in the field of migration and asylum, aimed at establishing a mechanism for dealing with mass influxes and irregular arrivals of third-country nationals in a Member State. The regulation would set out the solidarity mechanism procedure in the event of returns of irregular migrants applying the possibility for return sponsorship on behalf of another Member State, as established in the Asylum and Migration Management Regulation (AMR). It would also provide for shorter deadlines in comparison to usual procedures under the AMR, when applicable in a crisis situation and for some derogations in crisis situations concerning the asylum crisis management procedure, the return crisis management procedure, and the registration of international protection applications in crisis situations. First edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Screening of third-country nationals at the EU external borders

17-11-2020

In September 2020, the Commission put forward a new pact on migration and asylum, setting out a comprehensive approach to European Union (EU) migration policies that links external borders, asylum, return systems, the Schengen area of free movement and the external dimension of migration. The pact includes a proposal for a new regulation on the screening of third-country nationals at external borders aiming to clarify and streamline the rules on dealing with third-country nationals who are not authorised ...

In September 2020, the Commission put forward a new pact on migration and asylum, setting out a comprehensive approach to European Union (EU) migration policies that links external borders, asylum, return systems, the Schengen area of free movement and the external dimension of migration. The pact includes a proposal for a new regulation on the screening of third-country nationals at external borders aiming to clarify and streamline the rules on dealing with third-country nationals who are not authorised to enter or stay in the EU. The proposal would introduce a pre-entry screening procedure allowing national authorities at external borders to channel irregular third-country nationals to the appropriate procedure, i.e. asylum or return procedures. The screening would start with preliminary health and vulnerability checks and finish with the transmission of a debriefing form to the appropriate authorities. The proposal would provide for the establishment, by each Member State, of an independent monitoring mechanism for fundamental rights. First edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Asylum procedures at the border

13-11-2020

Fast-tracking procedures at European Union external borders for determining whether individuals are entitled to international protection is a priority in the proposed Pact on Migration and Asylum. This European Implementation Assessment concludes that current Member State practice does not result in uniform and effective reviews of applications for international protection on the basis of a fair process. In particular, certain Member States apply time-lines within which no serious consideration of ...

Fast-tracking procedures at European Union external borders for determining whether individuals are entitled to international protection is a priority in the proposed Pact on Migration and Asylum. This European Implementation Assessment concludes that current Member State practice does not result in uniform and effective reviews of applications for international protection on the basis of a fair process. In particular, certain Member States apply time-lines within which no serious consideration of an application is feasible. Furthermore, applicants are placed in detention or restricted in their freedom of movement without considering alternatives and deprived of opportunities to effectively exercise their procedural rights. A number of recommendations are made to address the shortcomings identified in future legal and practical arrangements for border procedures.

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.

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