http://www.europarl.europa.eu/atyourservice/en/displayFtu.html?ftuId=FTU_5.12.2.

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19 oct 2017 13:37
Asylum Policy
The aim of the EUs asylum policy is to harmonise asylum procedures in the Member States
by establishing common asylum arrangements, with a view to offering appropriate status to
any third-country national requiring international protection and ensuring compliance with
the principle of non-refoulement.
Legal basis
Articles 67(2) and 78 of the Treaty on the Functioning of the European Union;
Article 18 of the EU Charter of Fundamental Rights.
Objectives
The objectives are to develop a common policy on asylum, subsidiary protection and
temporary protection, with a view to offering an appropriate status to all third-country
nationals who need international protection, and to ensure that the principle of non-
refoulement is observed. This policy must be consistent with the 1951 Geneva Convention and
the 1967 Protocol thereto. Neither the Treaty nor the Charter provides a definition of the
terms asylum and refugee. They both refer explicitly to the Geneva Convention of
28 July 1951 and the Protocol thereto of 31 January 1967.
Achievements
A.Advances under the Treaties of Amsterdam and Nice
In 1999 the Treaty of Amsterdam granted the EU institutions new powers to draw up
legislation in the area of asylum using a specific institutional mechanism.
In 2001 the Treaty of Nice provided that, within five years of its entry into force, the Council
should adopt measures on a number of fronts, in particular criteria and mechanisms for
determining which Member State is responsible for considering an application for asylum
made by a third-country national within the EU, as well as certain minimum standards (in
relation to the reception of asylum seekers, the status of refugees and procedures).
The Treaty stipulated that the Council should act unanimously, after consulting Parliament,
when defining the common rules and basic principles governing these issues. It provided
that, after this initial phase, the Council might decide that the normal codecision procedure
should apply and that it should thus henceforth adopt its decisions by qualified majority. The
Council took a decision to that effect at the end of 2004 and the codecision procedure has
applied since 2005.
B.The Treaty of Lisbon
The Treaty of Lisbon changed the situation by transforming the measures on asylum into a
common policy. Its objective is no longer simply the establishment of minimum standards,
but rather the creation of a common system comprising a uniform status and uniform
procedures.
This common system must include:
a uniform status of asylum,
a uniform status of subsidiary protection,
 a common system of temporary protection,
common procedures for the granting and withdrawing of uniform asylum or
subsidiary protection status,
criteria and mechanisms for determining which Member State is responsible for
considering an application,
standards concerning reception conditions,
partnership and cooperation with third countries.
The Treaty did not make any changes to the decision-making procedure within the EU.
However, the arrangements for judicial oversight by the Court of Justice of the European
Union have been improved significantly. Preliminary rulings may now be sought by any court
in a Member State, rather than just national courts of final instance, as was previously the
case. This should enable the Court of Justice to develop a larger body of case law in the field
of asylum.
C.European Council programmes
The series of programmes adopted by the European Council have had a far-reaching impact
on the implementation of European asylum policy.
With the adoption of the Tampere Programme in October 1999, the European Council
decided that the common European system should be implemented in two phases. In
November 2004, the Hague Programme called for the second-phase instruments and
measures to be adopted by the end of 2010.
The European Pact on Migration and Asylum, adopted on 16 October 2008, solemnly
reiterates that any persecuted foreigner is entitled to obtain aid and protection on the
territory of the European Union in application of the Geneva Convention. It calls for
proposals aimed at establishing in 2010 if possible and in 2012 at the latest, a single asylum
procedure comprising common guarantees and [...] adopting a uniform status for refugees
and the beneficiaries of subsidiary protection.
The Stockholm Programme, adopted by the European Council on 10 December 2009 for
the 2010-2014 period, reaffirms the objective of establishing a common area of protection
and solidarity based on a common asylum procedure and a uniform status for those granted
international protection. It emphasises, in particular, the need to promote effective solidarity
with those Member States facing particular pressures, and the central role to be played by the
new European Asylum Support Office.
In June 2014, the European Council defined the strategic guidelines for legislative and
operational planning within the area of freedom, security and justice (Article 68 TFEU) for
the coming years, building on the progress achieved by the Stockholm Programme. They
stress that the full transposition and effective implementation of the Common European
Asylum System (CEAS) is an absolute priority.
D.The main existing legal instruments
Council Decision (EU) 2015/1601 of 22 September 2015 establishing provisional
measures in the area of international protection for the benefit of Italy and Greece;
Council Decision (EU) 2015/1523 of 14 September 2015 establishing provisional
measures in the area of international protection for the benefit of Italy and of Greece;
 Regulation (EU) No 603/2013 of the European Parliament and of the Council of
26 June 2013 on the establishment of Eurodac for the comparison of fingerprints for
the effective application of Regulation (EU) No 604/2013 establishing the criteria and
mechanisms for determining the Member State responsible for examining an
application for international protection lodged in one of the Member States by a
third-country national or a stateless person and on requests for the comparison with
Eurodac data by Member States law enforcement authorities and Europol for law
enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a
European Agency for the operational management of large-scale IT systems in the
area of freedom, security and justice;
Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013
laying down standards for the reception of applicants for international protection;
Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013
on common procedures for granting and withdrawing international protection;
Directive 2011/95/EU of the European Parliament and of the Council of
13 December 2011 on standards for the qualification of third-country nationals or
stateless persons as beneficiaries of international protection, for a uniform status for
refugees or for persons eligible for subsidiary protection, and for the content of the
protection granted;
Regulation (EU) No 439/2010 of the European Parliament and of the Council of
19 May 2010 establishing a European Asylum Support Office;
Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving
temporary protection in the event of a mass influx of displaced persons and on
measures promoting a balance of efforts between Member States in receiving such
persons and bearing the consequences thereof.
The Commissions European Agenda on Migration of May 2015[1] sets out further steps
towards a reform of the Common European Asylum System, which were presented in two
packages of legislative proposals in May and July 2016. The main pending proposals are:
Proposal for a Regulation of the European Parliament and of the Council establishing
a common procedure for international protection in the Union and repealing
Directive 2013/32/EU (COM(2016) 0467);
Proposal for a Regulation of the European Parliament and of the Council on standards
for the qualification of third-country nationals or stateless persons as beneficiaries of
international protection, for a uniform status for refugees or for persons eligible for
subsidiary protection and for the content of the protection granted and amending
Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-
country nationals who are long-term residents (COM(2016) 0466);
Proposal for a Directive of the European Parliament and of the Council laying down
standards for the reception of applicants for international protection (recast)
(COM(2016) 0465);
Proposal for a Regulation of the European Parliament and of the Council establishing
a Union Resettlement Framework and amending Regulation (EU) No 516/2014 of the
European Parliament and the Council (COM(2016) 0468);
Proposal for a Regulation of the European Parliament and of the Council establishing
the criteria and mechanisms for determining the Member State responsible for
 examining an application for international protection lodged in one of the Member
States by a third-country national or a stateless person (recast) (COM(2016) 0270);
Proposal for a Regulation of the European Parliament and of the Council on the
establishment of Eurodac for the comparison of fingerprints for the effective
application of [Regulation (EU) No 604/2013 establishing the criteria and
mechanisms for determining the Member State responsible for examining an
application for international protection lodged in one of the Member States by a
third-country national or a stateless person], for identifying an illegally staying third-
country national or stateless person and on requests for the comparison with Eurodac
data by Member States law enforcement authorities and Europol for law enforcement
purposes (recast) (COM(2016) 0272);
Proposal for a Regulation of the European Parliament and of the Council on the
European Union Agency for Asylum and repealing Regulation (EU) No 439/2010
(COM(2016) 0271);
Proposal for a Regulation of the European Parliament and of the Council establishing
a crisis relocation mechanism and amending Regulation (EU) No 604/2013 of the
European Parliament and of the Council of 26 June 2013 establishing the criteria and
mechanisms for determining the Member State responsible for examining an
application for international protection lodged in one of the Member States by a
third-country national or a stateless person (COM(2015) 0450);
Proposal for a Regulation of the European Parliament and of the Council establishing
an EU common list of safe countries of origin for the purposes of
Directive 2013/32/EU of the European Parliament and of the Council on common
procedures for granting and withdrawing international protection, and amending
Directive 2013/32/EU (COM(2015) 0452).
Role of the European Parliament
Since 2005, the European Parliament has been a co-legislator in asylum-related legislation
and therefore on an equal footing with the Council of the EU. The resolutions of 12 April 2016
on the situation in the Mediterranean and the need for a holistic EU approach to migration,
of 11 September 2012 on enhanced intra-EU solidarity in the field of asylum and of
10 March 2009 on the future of the Common European Asylum System provide an overview
of Parliaments main positions and concerns.
Parliament has been calling for reliable and fair procedures, implemented effectively and
founded on the principle of non-refoulement. It has stressed the need to prevent any
reduction in levels of protection or in the quality of reception and to ensure fairer sharing of
the burden borne by the Member States at the EUs external borders.
Parliament has emphasised that detention should be possible only in very clearly defined
exceptional circumstances and that there should be a right of appeal against it before a court.
It has supported the creation of a European Asylum Support Office.
Parliament can also bring an action for annulment before the Court of Justice[2]. This
instrument was successfully used to obtain the annulment of the provisions concerning the
arrangements for adopting the common list of third countries regarded as safe countries of
origin and safe third countries in Europe provided for in Council Directive 2005/85/EC.
https://www.mae.ro/node/1653 19 oct. 17 13:43
Dimensiunea extern a politicii comune privind migraia
n efortul de a asigura coerena politicii UE n domeniul migraiei, Consiliul European a
adoptat, n decembrie 2005, Abordarea Global a Migraiei. Acest concept integreaz
migraia, relaiile externe i politica de dezvoltare, abordnd agenda migraiei de o manier
cuprinztoare i echilibrat, n relaie de parteneriat ntre UE i statele tere. Conceptul
abordrii globale a migraiei a fost ulterior preluat i n Pactul european privind migraia i
azilul (2008) i, respectiv, n Programul Stockholm (2010-2014).
n noiembrie 2011, Comisia European a prezentat o Comunicare intitulat Abordarea
global n materie de migraie i mobilitate, menit a stabili noul cadru general al politicii
externe a UE n materie de migraie, bazat pe un parteneriat consolidat cu statele din afara
UE i o abordarea coerent i echilibrat a aspectelor legate de migraie i
mobilitate.Parteneriatele de mobilitate ncheiate ntre UE i statele tere devin fora motric a
acestui proces, bazat pe 4 piloni: promovarea migraiei legale, prevenirea i reducerea
migraiei ilegale, consolidarea dimensiunii externe a azilului, sporirea impactului migraiei i
mobilitii.
Poziia Romniei
Romnia contribuie activ la consolidarea politicii comune a UE privind migraia i susine
finalizarea Sistemului European Comun de Azil.
Alturndu-se viziunii europene, Romnia a depus eforturi permanente pentru securizarea
frontierei sale externe, avnd n vedere responsabilitatea care i revine ca stat membru UE
situat la frontiera extern a Uniunii, inclusiv prin implicare la nivel operativ n activitile
ageniilor UE relevante (FRONTEX, BESA).
Romnia este parte la Parteneriatele de Mobilitate ncheiate de UE cu Republica Moldova
(2008), Georgia (2011) i Armenia (2011).
http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/ec/87642.pdf
19 oct. 17 13:44

https://ue.mae.ro/node/402 19 oct. 17 13:46

Demersurile pentru crearea unui sistem european comun de azil (SECA) au demarat imediat
dup intrarea n vigoare a Tratatului de la Amsterdam n mai 1999, pe baza principiilor
aprobate de Consiliul European de la Tampere. ntregul SECA se bazeaz pe aplicarea
integral i global a Conveniei de la Geneva i pe obligaiile care rezult din instrumentele
privind drepturile omului.
Prin acest sistem comun, statele membre ale UE vor garanta persoanelor care urmresc
obinerea statutului de refugiat n UE un nivel de protecie pe baza unor standarde ridicate i
cu respectarea acestor obligaii. Statele membre ale UE vor asigura accesul solicitanilor de
azil, beneficiarilor de protecie internaional i membrilor familiilor acestora la o form de
protecie i la justiie, la integrare social i la piaa forei de munc, cu respectarea deplin a
principiului nediscriminrii.
Programul multianual Stockholm (2010-2014) pentru consolidarea unui spaiu european de
libertate, justiie i securitate reamintete faptul c instituirea SECA pn n 2012 rmne un
obiectiv politic cheie pentru UE. Conform programului Stockholm, obiectivul celei de-a doua
faze a SECA este stabilirea unei proceduri de azil comune i a unui statut uniform pentru cei
crora li se acord azil sau protecie subsidiar, pn n 2012 cel mai trziu. SECA ar trebui s
se bazeze pe standarde de protecie nalte i s asigure proceduri echitabile i eficiente,
capabile s previn abuzurile.
De asemenea, Programul Stockholm cuprinde propuneri de aciune n scopul promovrii
unei solidariti efective ntre statele membre care se confrunt cu presiuni deosebite n
materie de solicitri de azil (rolul Biroului European de Sprijin pentru Azil, instituirea unui
program UE de relocare). Este ncurajat participarea voluntar a statelor membre la regimul
comun de relocare al UE i creterea numrului total de refugiai relocai, innd seama de
situaia specific din fiecare stat membru.
Organizarea unei dezbateri anuale n cadrul Consiliului European pe tema migraiei i
azilului subliniaz importana acordat acestor domenii n contextul procesului de integrare
european. Astfel, se va garanta meninerea noii dinamici create de Pactul European i de
Programul Stockholm., precum i continuarea dezvoltrii politicii comune a UE n materie de
imigraie i azil.

http://www.unhcr.org/ro/150-politica-uniunii-europene-in-materie-de-azil.html 19 oct. 17
13:49
Statele europene au o lung tradiie n a oferi un refugiu celor persecutai. Protecia
drepturilor fundamentale constituie nucleul identitii europene. n 1999, statele membre ale
Uniunii Europene s-au angajat s creeze un Sistem European Comun de Azil pentru a putea
face fa problemelor de azil din ce n ce mai mari la nivel european.
n decursul urmtorilor ani, Uniunea European a adoptat o serie de msuri legislative
importante cu scopul de a armoniza sistemele diferite de azil ale statelor membre.
Regulamentul Dublin stabilete care stat membru este responsabil de examinarea unei cereri
de azil individuale. Directiva privind Condiiile de Primire stabilete condiiile minime pentru
primirea solicitanilor de azil, inclusiv cazarea, educaia i sntatea acestora. Directiva
privind Procedurile de Azil prevede standardele minime pentru procedurile de azil, aducnd
astfel o contribuie important la dreptul internaional, ntruct aceast tematic nu a
fost reglementat iniial, de ctre Convenia din 1951. Directiva de Calificare introduce
conceptul de protecie subsidiar, care vine s completeze Convenia privind Statutul
Refugiailor din 1951, form de protecie care urmeaz s fie acordat persoanelor ce se
confrunt cu riscuri de vtmare grav.
Uniunea European a creat de asemenea un Fond European pentru Refugiai, pentru a oferi
sprijin financiar statelor membre care s le permit sistemelor lor de azil s lucreze eficient.
Eurodac este o baz de date electronic care a fost lansat pentru compararea amprentelor i
pentru a determina dac un solicitant de azil a depus deja o cerere de azil ntr-un alt stat
membru.
Uniunea European are un rol important cu privire la problemele de azil i de relocare n
interiorul i n afara Uniunii. Legislaia i practicile Uniunii Europene influeneaz
considerabil dezvoltarea mecanismelor de protecie a refugiailor n multe alte ri.
Instituiile Uniunii, cum ar fi Consiliul European, Comisia European, Parlamentul European
i Curtea European de Justiie, au puteri legislative, executive i judiciare n domeniile
direct relevante pentru mandatul UNHCR.
n ciuda directivelor i regulamentelor care vizeaz armonizarea Uniunii Europene, exist
nc diferene semnificative ntre statele membre, n abordrile lor la protecie, ansele i
ratele de recunoatere a statutului de refugiat, precum i condiiile de primire, cum ar fi
asistena medical disponibil pentru brbai, femei i copiii care solicit azil. De exemplu, n
unele state membre ale UE, accesul la sprijinul material de baz este att de limitat c muli
solicitani de azil ajung s doarm pe strzi.
Prin urmare, UNHCR urmeaz ndeaproape legislaia i politicile Uniunii Europene n
materie de azil i ofer recomandri i consiliere pentru instituiile UE i cele 27 de state
membre cu privire la o gam larg de probleme legate de protecia refugiailor, relocarea i
integrarea acestora. Agenia pentru Refugiai emite periodic rapoarte, propuneri i observaii
cu privire la dreptul de azil i politica UE.

http://www.europarl.europa.eu/news/en/headlines/society/20170629STO78632/migration
-in-europe 19 oct. 17 13:52
The current migration crisis is the worst since World War II. In 2015 and 2016 alone, more
than 2.5 million people applied for asylum in the EU, while more than 2,030 people are
thought to have lost their lives in the Mediterranean in the first six months of 2017 alone. In
2015 and 2016, more than 2.3 million illegal crossings were detected by Frontex, the EU
border surveillance agency.

http://www.europarl.europa.eu/external/html/welcomingeurope/default_en.htm 19 oct. 17
13:53

http://frontex.europa.eu/trends-and-routes/migratory-routes-map/ 19 oct. 17 13:54

COMMON EUROPEAN ASYLUM SYSTEM
https://ec.europa.eu/home-affairs/what-we-do/policies/asylum_en 19 oct. 17 14:05
Asylum is granted to people fleeing persecution or serious harm in their own country and
therefore in need of international protection. Asylum is a fundamental right; granting it is an
international obligation, first recognised in the 1951 Geneva Convention on the protection of
refugees. In the EU, an area of open borders and freedom of movement, countries share the
same fundamental values and States need to have a joint approach to guarantee high
standards of protection for refugees. Procedures must at the same time be fair and effective
throughout the EU and impervious to abuse. With this in mind, the EU States have
committed to establishing a Common European Asylum System.
Asylum flows are not constant, nor are they evenly distributed across the EU. They have, for
example, varied from a peak of 425 000 applications for EU-27 States in 2001 down to under
200 000 in 2006. In 2012, there were 335,895.
Asylum must not be a lottery. EU Member States have a shared responsibility to welcome
asylum seekers in a dignified manner, ensuring they are treated fairly and that their case is
examined to uniform standards so that, no matter where an applicant applies, the outcome
will be similar.
The EU as an area of protection
Since 1999, the EU has been working to create a Common European Asylum System (CEAS)
and improve the current legislative framework.
Between 1999 and 2005, several legislative measures harmonising common minimum
standards for asylum were adopted. Also important was the strengthening of financial
solidarity with the creation of the European Refugee Fund. And in 2001, the Temporary
Protection Directive allowed for a common EU response to a mass influx of displaced persons
unable to return to their country of origin. The Family Reunification Directive also applies to
refugees.
After the completion of the first phase, a period of reflection was necessary to determine the
direction in which the CEAS should develop. A 2007 Green PaperSearch for available
translations of the preceding linkEN was the basis for a large public consultation. The
responses, together with the results of an evaluation of how existing instruments were
implemented, were the basis for the European Commissions Policy Plan on AsylumSearch
for available translations of the preceding linkEN, presented in June 2008. As stated in the
Policy Plan, three pillars underpin the development of the CEAS: bringing more
harmonisation to standards of protection by further aligning the EU States' asylum
legislation; effective and well-supported practical cooperation; increased solidarity and sense
of responsibility among EU States, and between the EU and non-EU countries.
New EU rules have now been agreed, setting out common high standards and stronger co-
operation to ensure that asylum seekers are treated equally in an open and fair system
wherever they apply. In short:
The revised Asylum Procedures Directive aims at fairer, quicker and better
quality asylum decisions. Asylum seekers with special needs will receive the necessary
support to explain their claim and in particular there will be greater protection of
unaccompanied minors and victims of torture.
The revised Reception Conditions Directive ensures that there are humane
material reception conditions (such as housing) for asylum seekers across the EU and
 that the fundamental rights of the concerned persons are fully respected. It also
ensures that detention is only applied as a measure of last resort.
The revised Qualification Directive clarifies the grounds for granting
international protection and therefore will make asylum decisions more robust. It will
also improve the access to rights and integration measures for beneficiaries of
international protection.
The revised Dublin Regulation enhances the protection of asylum seekers during
the process of establishing the State responsible for examining the application, and
clarifies the rules governing the relations between states. It creates a system to detect
early problems in national asylum or reception systems, and address their root causes
before they develop into fully fledged crises.
The revised EURODAC Regulation will allow law enforcement access to the EU
database of the fingerprints of asylum seekers under strictly limited circumstances in
order to prevent, detect or investigate the most serious crimes, such as murder, and
terrorism.

http://www.unhcr.org/protect/PROTECTION/3b66c2aa10.pdf 19 oct. 17 14:06

Grounded in Article 14 of the Universal Declaration of human rights 1948, which recognizes
the right of persons to seek asylum from persecution in other countries, the United Nations
Convention relating to the Status of Refugees, adopted in 1951, is the centrepiece of
international refugee protection today.(1) The Convention entered into force on 22 April
1954, and it has been subject to only one amendment in the form of a 1967 Protocol, which
removed the geographic and temporal limits of the 1951 Convention.

Identification of applicants (EURODAC)

https://ec.europa.eu/home-affairs/what-we-do/policies/asylum/identification-of-
applicants_en 19 oct. 17 14:23

EURODAC makes it easier for EU States to determine responsibility for examining an asylum
application by comparing fingerprint datasets.
What is EURODAC?
The EURODAC RegulationSearch for available translations of the preceding
linkEN establishes an EU asylum fingerprint database. When someone applies for asylum,
no matter where they are in the EU, their fingerprints are transmitted to the EURODAC
central system.
Since it was established in 2003, EURODAC has proved to be a very important tool providing
fingerprint comparison evidence to assist with determining the Member State responsible for
examining an asylum application made in the EU. Its primary objective is to serve the
implementation of Regulation (EU) No. 604/20133 ('the Dublin Regulation') and together
these two instruments make up what is commonly referred to as the 'Dublin system'.
Key achievements
 It sets time limits for fingerprint data to be transmitted, reducing the time which
elapses between the taking and sending of fingerprints to the Central Unit of
EURODAC.
It also ensures full compatibility with the asylum legislation and better addresses data
protection requirements.
It allows Member States' law enforcement authorities and Europol to compare
fingerprints linked to criminal investigations with those contained in EURODAC, only
for the purpose of the prevention, detection and investigation of serious crimes and
terrorism and under strictly controlled circumstances and specific safeguards; in
particular, by including a requirement to check all available criminal records
databases first and limiting searches only to the most serious crimes, such as murder
and terrorism.
In addition, prior to making a EURODAC check, law enforcement authorities must
undertake a comparison of fingerprints against the Visa Information System (where
permitted). Law enforcement checks may not be made in a systematic way, but only
as a last resort when all the conditions for access are fulfilled.
Towards a reform of the CEAS: the 'EURODAC' proposal
Due to the large scale arrivals since the start of the migration and refugee crisis in 2015, some
Member States became overwhelmed with fingerprinting all those arriving irregularly to the
EU at the external borders, and who further transited through the EU en route to their
preferred destination. As a consequence, thousands of migrants have remained invisible in
Europe, including thousands of unaccompanied minors, a situation that facilitates
unauthorised secondary and subsequent movements and irregular stay within the EU.
As part of the first reform package of May 2016, the Commission presented a proposal to
reinforce EURODACSearch for available translations of the preceding linkEN to reflect the
changes in the Dublin Regulation proposal and to make sure that it continues to provide the
fingerprint comparison evidence it needs to function. In addition, the Commission also
considered in its proposal the use of other biometric identifiers to be used for EURODAC,
such as facial recognition and the collection of digital photos to counter the challenges faced
by some Member States to take fingerprints for the purposes of EURODAC.
The proposal also extends its scope for the purposes of identifying irregularly staying third-
country nationals and those who have crossed the EU external borders irregularly and
contribute in an effective manner to the return procedure. Furthermore, the proposal:
Introduces the obligation to take fingerprints and an additional biometric identifier
a facial image and it lowers the age of taking fingerprints to 6 years old;
Allows to store and compare all three categories of data and to retain fingerprint data
for illegally staying third-country nationals or third country nationals who have
crossed an external border irregularly and who do not claim asylum for 5 years.
Discussions on the individual proposals are currently ongoing and follow a comprehensive
approach on both reform packages.
DUBLIN REGULATION https://ec.europa.eu/home-affairs/what-we-
do/policies/asylum/examination-of-applicants_en 19 oct. 14:28
Every single asylum application lodged within EU territory needs to be examined - each EU
country must be able to determine if and when it is responsible for handling an asylum claim.
The objective of the Dublin Regulation is to ensure quick access to asylum procedures and the
examination of an application on the merits by a single, clearly determined Member State.
What is the Dublin Regulation?
The Dublin Regulation establishes the Member State responsible for the examination of the
asylum application. The criteria for establishing responsibility run, in hierarchical order,
from family considerations, to recent possession of visa or residence permit in a Member
State, to whether the applicant has entered EU irregularly, or regularly.
Key achievements
The Dublin III entered into force in July 2013 and it contains sound procedures for the
protection of asylum applicants and improves the systems efficiency through:
An early warning, preparedness and crisis management mechanism, geared to
addressing the root dysfunctional causes of national asylum systems or problems
stemming from particular pressures.
A series of provisions on protection of applicants, such as compulsory personal
interview, guarantees for minors (including a detailed description of the factors that
should lay at the basis of assessing a child's best interests) and extended possibilities
of reunifying them with relatives.
The possibility for appeals to suspend the execution of the transfer for the period
when the appeal is judged, together with the guarantee of the right for a person to
remain on the territory pending the decision of a court on the suspension of the
transfer pending the appeal.
An obligation to ensure legal assistance free of charge upon request.
A single ground for detention in case of risk of absconding; strict limitation of the
duration of detention.
The possibility for asylum seekers that could in some cases be considered irregular
migrants and returned under the Return Directive, to be treated under the Dublin
procedure - thus giving these persons more protection than the Return Directive.
An obligation to guarantee right to appeal against transfer decision.
More legal clarity of procedures between Member States - e.g. exhaustive and clearer
deadlines. The entire Dublin procedure cannot last longer than 11 months to take
charge of a person, or 9 months to take him/her back (except for absconding or where
the person is imprisoned).
Evaluation of Dublin III Regulation
In June 2015 the Commission committed studies on the external evaluation on the
implementation of the Dublin III Regulation and an evaluation report in view of the reform
of the Dublin system as foreseen in the European Agenda on Migration:
 Evaluation of the Implementation of the Dublin III Regulation Search for available
translations of the preceding linkEN(Executive SummarySearch for available
translations of the preceding linkEN)
Evaluation of the Dublin III RegulationSearch for available translations of the
preceding linkEN
Towards a reform of the CEAS: Dublin IV Regulation Proposal
The large-scale, uncontrolled arrival of migrants and asylum seekers has put a strain not only
on many Member States asylum systems, but also on the Common European Asylum System
as a whole. The volume and concentration of arrivals has exposed in particular the
weaknesses of the Dublin System, which establishes the Member State responsible for
examining an asylum application based primarily on the first point of irregular entry.
For these reasons, the Commission is proposing to revise and replace the current asylum
instruments to better manage migration flows and offer adequate protection to those in need,
in line with the approach set out in the European Agenda for Migration.
In May 2016, as part of its proposed reform of the Common European Asylum System, the
Commission presented a draft proposal to make the Dublin System more transparent and
enhance its effectiveness, while providing a mechanism to deal with situations of
disproportionate pressure on Member States' asylum systems, the Dublin IV
RegulationSearch for available translations of the preceding linkEN.
The Commission proposal aims to:
Enhance the system's capacity to determine a single MS responsible for examining the
application for international protection by removing the cessation of responsibility
clauses and shortening time limits for take-charge requests and transfers
Ensure fair sharing of responsibility between MS by complementing the current
system with a corrective allocation mechanism in cases of disproportionate pressure
Discourage abuses and prevent secondary movements by requiring proportionate
procedural and material consequences in case of non-compliance
Protect asylum seekers' best interests: with stronger guarantees for unaccompanied
minors and a balanced extension of the definition of family members;
Finally, the proposals include a fairness mechanism based on solidarity which includes a
corrective allocation mechanism and which takes into account resettlement efforts made by a
Member State to resettle those in need of international protection direct from a third country.
This will acknowledge the importance of efforts to implement legal and safe pathways to
Europe.
This new system would automatically establish when a country is handling a
disproportionate number of asylum applications. It would do so by reference to a country's
size and wealth. If one country receives disproportionate numbers above and beyond that
reference (over 150% of the reference number), all further new applicants in that country
would (regardless of nationality) be relocated, after an admissibility verification of their
application, across the EU until the number of applications is back below that level. A
Member State would also have the option to temporarily not take part in the reallocation. In
that case, it would have to make a solidarity contribution of 250,000 for each applicant for
whom it would otherwise have been responsible under the fairness mechanism, to the
Member State that is reallocated the person instead.
EUROPEAN ASYLUM SUPPORT OFFICE
https://ec.europa.eu/home-affairs/what-we-do/agencies_en#6 19 oct. 17 14:30
EASO: The European Asylum Support Office

EASO was set up in 2011 to enhance practical cooperation among Member States on asylum-
related matters and for assisting Member States in implementing their obligations under the
Common European Asylum System.
It was established by Regulation (EU) 439/2010Search for available translations of the
preceding linkEN as a Support Office independent in technical matters and enjoying legal,
administrative and financial autonomy.
EASO acts as a centre of expertise on asylum, providing scientific and technical support to
Member States, particularly to those whose asylum and reception systems are under
particular pressure. Through its support function, EASO assists EU States in fulfilling their
European and international obligations in the field of asylum.
The objectives of EASO are the following:
to facilitate, develop and coordinate practical cooperation among EU States on
asylum by facilitating the exchange of information;
to contribute to the implementation of the Common European Asylum System by
collecting and exchanging information on best practices, drawing up an annual report
on the asylum situation in the EU and defining technical orientations on the
implementation of the Union's asylum instruments.
to coordinate activities relating to information on countries of origin by gathering
relevant, reliable, accurate and up-to date information and by drafting reports on
countries of origin;
to support EU Member States subject to particular pressure on their asylum and
reception systems by providing technical and operational assistance.
In May 2016, as part of its proposed reform of the Common European Asylum System, the
Commission presented a draft proposal to transform the existing European Asylum Support
Office into a fully-fledged European Union Agency for AsylumSearch for available
translations of the preceding linkEN.
RECEPTION CONDITIONS https://ec.europa.eu/home-affairs/what-we-
do/policies/asylum/reception-conditions_en 19 oct. 17 14:31
The Reception Conditions Directive aims at ensuring better as well as more harmonized
standards of reception conditions throughout the Union. It ensures that applicants have
access to housing, food, clothing, health care, education for minors and access to employment
under certain conditions.
The current Reception Conditions Directive was adopted in 2013. It replaced Council
Directive 2003/9/CE on minimum standards for the reception of asylum seekers. The
deadline for Member States to transpose the Directive into national law was 20 July 2015.
In addition to the above mentioned provisions, the Directive also provides particular
attention to vulnerable persons, especially unaccompanied minors and victims of torture.
Member States must, inter alia, conduct an individual assessment in order to identify the
special reception needs of vulnerable persons and to ensure that vulnerable asylum seekers
can access medical and psychological support.
It also includes rules regarding detention of asylum seekers, ensuring that their fundamental
rights are fully respected.
Finally, access to employment for an asylum seeker must now be granted within a maximum
period of 9 months.
Towards a reform of the CEAS: the Asylum Procedures Regulation proposal
The current Reception Conditions Directive still leaves a considerable degree of discretion to
define what constitutes an adequate standard of living and how it should be achieved. Thus,
reception conditions continue to vary considerably between Member States both in terms of
how the reception system is organized and in terms of the standard provided to asylum
seekers.
More recently, the European Agenda on Migration has further underlined the importance of
a clear system for the reception of asylum seekers as part of a strong common European
asylum policy, while the migratory crisis has exposed the need to ensure greater consistency
in reception conditions across the EU and the need to be better prepared to deal with large
migration influxes.
In July 2016, the Commission presented a proposalSearch for available translations of the
preceding linkEN to revise the Reception Conditions Directive in order to further
harmonised reception conditions throughout the Union and to reduce the incentives for
secondary movement. The proposal also aim at increasing applicants' self-reliance and
possible integration prospects by reducing the time-limit for access to the labour market.
EASO guidance on reception conditions: operational standards and indicators

In September 2016, the European Asylum Support Office (EASO) released the EASO
guidance on reception conditions: operational standards and indicators. The guidance
describes specific common standards which are applicable to national reception systems
across all EU Member States and the indicators with which such standards should be
measured against. The standards included in the document reflect already existing practice in
EU Member States.
The guidance was drafted by EASO together with a working group composed of EU Member
States experts, as well as representatives of other relevant stakeholders in the field of
reception and fundamental rights, including the European Commission, the European Union
Agency for Fundamental Rights (FRA) and the United Nations High Commissioner for
Refugees (UNHCR), while civil society's organizations were consulted prior to the adoption
by the Management Board.
The overall objective of the guidance is to support Member States in the implementation of
key provisions of the Reception Conditions Directive while ensuring an adequate standard of
living for all applicants for international protection, including those with special reception
needs.
The document has been designed to serve multiple purposes:
at policy level, it serves as a tool to support reform or development and serve as a
framework for setting/further development of reception standards;
at operational level, it can be used by reception authorities/operators to support the
planning/running of reception facilities or to support staff training.
In addition, the guidance could serve as a basis for the development of monitoring
frameworks to assess the quality of national reception systems.
Finally, it should be noted that the European Commissions proposal for a recast of the
Reception Conditions Directive of 13 July 2016 specifically refers to these operational
standards and indicators.
https://www.easo.europa.eu/sites/default/files/EASO%20Guidance%20on%20reception
%20conditions%20-%20operational%20standards%20and%20indicators%5B3%5D.pdf
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013L0033&from=EN

ASYLUM PROCEDURES https://ec.europa.eu/home-affairs/what-we-

do/policies/asylum/common-procedures_en 19 oct. 17 14:38
The Asylum Procedures Directive sets common procedures for EU Member States for
granting and withdrawing international protection. It provides people fleeing persecution or
serious harm and applying for international protection in the EU with a high level of
safeguards and enables Member States to operate efficient asylum procedures.
What is the Asylum Procedures Directive?
The Asylum Procedures Directive (recast) was adopted by the European Parliament and the
Council in 2013 and was to be transposed into Member States' national legislations by July
2015. It reapealed Council Directive 2005/85/CE on minimum standards on procedures in
Member States for granting and withdrawing refugee status.
Key features
The Directive creates a coherent system which ensures that decisions on applications for
international protection are taken more efficiently and more fairly, by:
Setting clear rules for lodging applications, making sure that everyone who wishes to
request international protection can do so quickly and effectively.
 Setting a time-limit for the examination of applications (in principle six months at the
administrative stage), while providing for the possibility to accelerate for applications
that are likely to be unfounded;
Training decision makers and ensuring access to legal assistance;
Providing adequate support to those in need of special guarantees for example
because of their age, disability, illness including by ensuring that they are granted
sufficient time to participate effectively in the procedure;
Provides for clearer rules on appeals in front of courts or tribunals.
Towards a reform of the CEAS: the Asylum Procedures Regulation proposal
The Commission presented in July 2016 a Proposal for a new Asylum Procedure
RegulationSearch for available translations of the preceding linkEN, intended to replace
Directive 2013/32/EU, as part of a comprehensive package of Proposals for a CEAS reform.
The Proposal aims at establishing a truly common procedure for international protection
which is fair and efficient, while removing incentives for asylum shopping and secondary
movements between Member States.
Establishing a truly common international protection procedure within the EU means:
Replacing current disparate procedural arrangements in Member States with a
simpler and clearer procedure, with short but reasonable time-limits for an applicant
to accede to the procedure and for concluding the examination of applications both at
the administrative and appeal stages.
Procedural guarantees safeguarding the rights of applicants, including providing
adequate and timely information, being heard in a personal interview, free legal
assistance, interpretation and representation.
More attention to vulnerable individuals with special procedural needs such as
unaccompanied minors.
Stricter rules to prevent abuse of the system, sanction manifestly abusive claims and
remove incentives for secondary movements by setting out clear obligations for
applicants to cooperate with the determining authorities throughout the procedure
and by attaching strict consequences to non-compliance.
A compulsory list of grounds where an examination must be accelerated, including
the application of safe third country and first country of asylum concepts.
Harmonized rules on safe countries. The Commission proposes to progressively move
towards full harmonization in this area, and to replace national safe country lists with
designations at Union level.
The Proposal of the Commission for an Asylum Procedure Regulation is currently being
discussed by the European Parliament and the Council, together with the other Proposals
presented as part of the CEAS reform package.
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013L0032&from=en

!!!!!!!!!!!!! https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-
do/policies/european-agenda-migration/proposal-implementation-
package/docs/20160713/proposal_for_a_common_procedure_for_international_protectio
n_in_the_union_en.pdf
QUALIFICATIONS FOR ASYLUM https://ec.europa.eu/home-
affairs/what-we-do/policies/asylum/refugee-status_en 19 oct. 17 14:43
Before a person can receive asylum, he/she must be recognised as a refugee or as a
beneficiary of subsidiary protection.
What is the Qualification Directive?
The current Qualification Directive of 2011Search for available translations of the preceding
linkEN amends Council Directive 2004/83/EC of 29 April 2004 on minimum standards
for the qualification and status of third country nationals or stateless persons as refugees or
as persons who otherwise need international protection and the content of the protection
granted.
The Qualification Directive sets out criteria for applicants to qualify for refugee status or
subsidiary protection and defines the rights afforded to beneficiaries of these statuses, hence
provisions on protection from refoulement, residence permits, travel documents, access to
employment, access to education, social welfare, healthcare, access to accommodation, access
to integration facilities, as well as specific provisions for children and vulnerable persons are
also contained in the legislative instrument. The Directive allows Member States to put in
place or to keep more favourable standards than those set out in its provisions.
Key features
The Directive aims to ensure that people fleeing persecution, wars and torture are treated
fairly, in a uniform manner throughout the EU. It does so by:
Clarifying the grounds for granting and withdrawing international protection.
Regulating exclusion and cessation grounds.
Improving the access of beneficiaries of international protection to rights and
integration measures. It better takes into account the specific practical difficulties
faced by beneficiaries of international protection.
Ensuring that the best interest of the child and other gender-related aspects are taken
into account in the assessment of asylum applications, as well as in the
implementation of the rules on the content of international protection
Towards a reform of the CEAS: the Qualification Regulation proposal
While the Qualification Directive sets out standards for the recognition and protection to be
offered at EU level, in practice the nature and the content of protection granted vary,
sometimes widely, between Member States.
The current migration crisis has exposed structural weaknesses and shortcomings in the
design and implementation of the CEAS. In line with the approach set out in the European
Agenda for Migration in 2015, the Commission has proposed two comprehensive reform
packages to strengthen the CEASSearch for available translations of the preceding linkEN,
grounded on the principles of responsibility and solidarity.
In order to further strengthen and harmonise CEAS rules, the Commission submitted in July
2016 a draft proposal for a new Qualification RegulationSearch for available translations of
the preceding linkEN. The proposal codifies the latest case law of the CJEU and further
harmonises common criteria for qualifying for international protection, thus ensuring
convergence of asylum decisions. It is also closely linked to the other asylum instruments
contained in the two-package reform. Finally, further provisions aim at
 ensuring that protection is granted only for as long as the grounds for persecution or
serious harm persist, without affecting person's integration prospects
addressing secondary movements of beneficiaries of international protection
further harmonising the rights of beneficiaries of international protection
Discussions on the individual proposals both in the Council and in the Parliament are
currently ongoing and follow a comprehensive approach on both reform packages.

TEMPORARY PROTECTION https://ec.europa.eu/home-

affairs/what-we-do/policies/asylum/temporary-protection_en 19 oct. 17 14:45
During the 1990s, conflicts in the former Yugoslavia, in Kosovo and elsewhere
demonstrated the need for special procedures to deal with mass influxes of displaced
persons. The 2001 Directive on temporary protectionSearch for available translations
of the preceding linkEN was the EUs concrete response to this need. However, the
provisions within this Directive, based on solidarity between EU States, have not
been triggered so far.
What is temporary protection?
Temporary protection is an exceptional measure to provide displaced persons from
non-EU countries and unable to return to their country of origin, with immediate and
temporary protection. It applies in particular when there is a risk that the standard
asylum system is struggling to cope with demand stemming from a mass influx that
risks having a negative impact on the processing of claims.
Why define EU standards on temporary protection?
The reasoning behind minimum standards at EU level on this issue is twofold. First,
it reduces disparities between the policies of EU States on the reception and
treatment of displaced persons in a situation of mass influx. Second, it promotes
solidarity and burden-sharing among EU States with respect to receiving large
numbers of potential refugees at one time.
National obligations towards persons enjoying temporary protection
The Directive defines the decision-making procedure needed to trigger, extend or end
temporary protection. Moreover, it foresees harmonised rights for the beneficiaries of
temporary protection, including a residence permit for the entire duration of the
protection (which can last from one year to three years), appropriate information on
temporary protection, access to employment, accommodation or housing, social
welfare or means of subsistence, access to medical treatment, education for minors,
opportunities for families to reunite in certain circumstances, and guarantees for
access to the normal asylum procedure. The Directive also contains provisions for the
return of displaced persons to their country of origin and for excluding individuals
who have committed serious crimes or who pose a threat to security from the benefit
of temporary protection. Specific provisions have been drawn up for unaccompanied
minors and for those having undergone particularly traumatic experiences (such as
rape, physical or psychological violence).
Solidarity between EU States
Solidarity and a balance between EU States in receiving displaced persons is
promoted through a structured mechanism. It allows for transfers of beneficiaries
between EU States, based on a voluntary offer from a State and on the consent of the
transferee.
Evaluation of the Temporary Protection Directive
The Commission commissioned a Study on the Temporary Protection Directive. This
study was was completed in January 2016 with the publication of its Final
reportSearch for available translations of the preceding linkEN and Executive
SummarySearch for available translations of the preceding linkEN.

EXTERNAL ASPECTS https://ec.europa.eu/home-affairs/what-we-

do/policies/asylum/external-aspects_en 19 oct. 17 14:48
The EU shares responsibility for managing refugees with non-EU countries and
countries of first asylum. With the goal of improving the management of refugee
flows and enhancing protection capacities in the regions from which many refugees
originate, the EU is thus stepping up its cooperation with non-EU countries. To make
this cooperation concrete, the Commission undertook to develop EU Regional
Protection Programmes and Resettlement schemes.
Regional Protection Programmes

EU Regional Protection ProgrammesSearch for available translations of the

preceding linkEN are designed to enhance the capacity of non-EU countries in the
regions from which many refugees originate, or through which they pass in transit.
They improve refugee protection through durable solutionsSearch for available
translations of the preceding linkEN, namely return, local integration and
resettlement. They involve practical actions supported through EU financing,
delivering real benefits both in terms of protection offered to refugees and
arrangements with non-EU countries in support of refugees.
These practical actions can be related to improving general protection in the host
country, establishing an effective procedure for determining refugee status, building
capacity and training on protection issues for those working with refugees, support
measures benefiting the local community hosting refugees, etc. Regional Protection
Programmes are developed by the Commission in close collaboration with EU States,
the United Nations High Commissioner for Refugees, and in partnership with the
countries of origin, transit and first asylum, which receive a far greater percentage of
the worlds refugees than the EU does.
The first two Regional Protection Programmes targeted Eastern Europe (in particular
Belarus, the Republic of Moldova and Ukraine) as a region of transit and the African
Great Lakes Region (particularly Tanzania) as a region of origin. In 2010, the
Commission decided to prolong the Regional Protection Programmes in Eastern
Europe and in Tanzania and to apply the Regional Protection Programme concept to
two new regions: the Horn of Africa (including Kenya, Yemen and Djibouti) and
eastern North Africa (Egypt, Libya and Tunisia).
Resettlement of refugees in the EU
The number of refugees resettled in the EU is quite low and contrasts with the
numbers taken in by other industrialised countries (although the EU receives many
more spontaneous asylum-seekers than countries like the United States or Canada,
which lead resettlement efforts worldwide). Furthermore, a majority of EU States
have no resettlement programme at all. To involve more EU States in resettlement
activities, to provide for orderly and secure access to protection for those resettled
and to demonstrate greater solidarity with non-EU countries in receiving refugees,
the EU adopted, in March 2012, a joint Resettlement ProgrammeSearch for available
translations of the preceding linkEN. This EU-wide resettlement scheme, proposed
by the Commission in 2009Search for available translations of the preceding
linkEN, will help EU States, on a voluntary basis, in finding sustainable solutions
for refugees.
The central element of the EU Resettlement Programme is a mechanism allowing for
the setting of common annual priorities on resettlement, as well as more effective use
of financial assistance available through the European Refugee Fundand designed for
resettlement activities. It also provides for strengthened practical cooperation and
enhancing the effectiveness of external asylum policies. The resettlement framework
set up by the Commission would allow, on an annual basis, the identification of
arising or new and priority resettlement needs.

https://ec.europa.eu/home-affairs/sites/homeaffairs/files/e-library/docs/ceas-fact-
sheets/ceas_factsheet_en.pdf 19 oct. 17 14:49