The Common European Asylum System and the Receptions Directive Patrick Lefevre European Commission

1. The Common European Asylum System and the Receptions Directive Patrick Lefevre European Commission DG Justice, Freedom and Security Asylum seekers

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

3. 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

4. WHY THE CEAS?The practicalrationale • 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

5. The legalrationale • 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

6. The politicalrationale • Accelerating factors... • Obstacles to overcome... Asylum seekers

7. HOW TO CREATETHE CEAS?Phase One • Establish minimum standards regarding protection, procedures and reception • Determine responsibilities between Member States Asylum seekers

8. Directive on minimum standards for Reception Conditions for asylum seekers Directive on minimum standards for the Qualification for International Protection Directive on minimum standards on Asylum Procedures Regulation State Responsibility (Dublin II) European Refugee Fund ARGO Temporary Protection EURODAC Asylum seekers

9. Need for transparent immigration policy Alleviate the pressure on asylum systems, e.g., the proposal on legal immigration for the purposes of employment and self-employment • Proposals containing provisions applicable to refugees & beneficiaries of subsidiary protection: • family reunification • long term residency status to... Asylum seekers

10. High level working group on asylum and migration Asylum seekers

11. Phase Two • 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 Phase One (adoption of directives) Phase Two Asylum seekers

12. WHEN WILL THE CEAS BE THERE? • 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. 2003 • Asylum Procedures Directive: formal adoption expected still this year • Qualification Directive: April 2004 • Dublin II Regulation: Feb. 2004 • ARGO: June 2002 It was planned all to be in place by May 2004 Asylum seekers

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

14. Part 2:The Receptions Directive Asylum seekers

15. 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

16. 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

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