EU Legislation and Policy Developments in Relation to Asylum: A View from the European Council on Refugees and Exiles 6 October 2010

What does ECRE do? A) Research & Policy B) Advocacy C) Media D) Capacity Building

Why the EU Level Matters? Today’s discussions in Brussels determine tomorrow´s asylum policy at national level National bad practices influence the debate in Brussels. Contagious effect! Impact in third countries’ policies – the external dimension

Towards a Common European Asylum System Completion by 2012 Aims: –Approximation of national standards –Prevent “secondary movements” Initially, minimum standars

Legal Instruments Dublin system – only one country responsible for examining an application Reception conditions Qualification as refugees and beneficiaries of international protection Asylum procedures

Outcomes Defficient implementation of minimum standards Uneven distribution of responsibilities Level of reception conditions &procedural safeguards highly variable Different rights for refugees & beneficiaries of subsidiary protection Protection “lottery”

Back in the Legislative Agenda Proposals to amend (recast) the 1st phase instruments Guiding principle for Commission: raise the standards & reduce level of discretion for MS Positive assessment from ECRE However, governments show no appetite for new legislation

CEAS – Political Debate Other issues high in the political agenda: –External dimension/Access to the territory –Return/ Readmission

EU Policies on Border Controls Obstacles for access to protection in Europe: –Pre-frontier controls (visas, carrier sanctions, ILOs/ALOs). –Interception (prevention of departure; diversion; boarding of vessels en route). –Physical borders (readmission agreements). –The role of the EU Border Management Agency (FRONTEX): joint operations, Working Arrangements with TC

Defending Refugees’ Access to Protection ECRE key objectives on access: –Adapt border management to ensure access to Europe for refugees need for refugees to be identified respect of non-refoulement access to an asylum procedure –Create legal channels to enable refugees to travel to Europe prevent people from putting themselves at risk of death and exploitation

EU Readmission Policy Conclusion of RA, a priority for the EU: –Negotiations ongoing with a number of TC, including Turkey (since 2002) –Focus: efficient implementation May promote greater formalisation. However, human rights concerns: –May facilitate execution of flawed return decisions –Risks of “chain refoulement” –Lack of information on situation of returnees

Recommendations on Readmission Consider human rights context and functioning of the asylum system in TC Include human rights safeguards and guarantees against refoulement in RAs Ensure independent and systematic monitoring Examine the interaction between STC rules and the implementation of RAs Collect data on impact on TC and individuals – Sucessful reintegration?

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