Recast Directives in CEAS Seeking Asylum: Who is who in the field of refugee Protection Peter stepper Thuesday 15.30

Table of content Which kind of reception conditions shall be ensured? How can the member-state prevent secondary migration and asylum-shopping? Who can qualify as a beneficiary of international protection within the EU? Which kind of asylum procedures do exist in the member-states?

Reception Conditions Directive 2003/9/EC and 2013/33/EU – Goals and Functions Material support for asylum-seeker, while they await a decision Food, housing, education, health care, language training, access to employement etc. Flaws in in the system Several member-states were not able to provide adequate standard of living Applicants had to face with significant legal and practical obstacles to access employement, education etc.

Reception Conditions Directive 2003/9/EC and 2013/33/EU - The results of the recast Subsidiary protection is within the scope of the regulation as well Access to job market: have to be granted within 9 month after the asylum application Material reception conditions: higher level of financial support, attention to persons in need of special treatment Persons in need of special treatment: it is obligatory to identify them at the earliest time possible

Reception Conditions Directive 2003/9/EC and 2013/33/EU - The results of the recast 4 new articles about detention to regulate the state practice and ensure the rule of law on the area of detention the directive demand to ensure that the detention is only as a measure of last resort within the shortest possible time period. The detainees shall have the access to effective remedy against the decision.

Dublin Convention - Goals and Functions To ensure the access to the procedure for asylum-seekers. Only one state shall be responsible for the decision = exclusion of parallel procedures. Always have to be one state responsible for the application. It is NOT about burden-sharing!!! An inter-governmental treaty, which is obligatory, but the states can have their opt-outs. has only an indirect effect on domestic legislation.

Dublin II Regulation – Goals and Functions To make the procedure faster and easier. Effectiveness = increase the number of the case transfers. Scope of the Dublin II Conventional refugees. except: he or she definitely applies for other status, such as temporary or subsidiary protection.

Dublin II Regulation - The Forum of the Procedure Where the applicants has relatives/family members, whose refugee status were granted previously. acquired for visa or other identification documents. the unlawful entry happened. applied for refugee status.

Dublin Convention and Dublin II Regulation shall be implemented directly Is a primary source of law compared to domestic law the domestic High Courts can ask the Court of Justice of the EU to explain the particular articles of the Regulation a Committee which is responsible for the implementation, is able to create concrete rules and norms within the legislative framework of the Regulation.

Dublin III Regulation Case law Concept of sovereingty clause. M.S.S. vs. Belgium and Greece (C-30696/09) ECtHR N. S. (C‑411/10) v Secretary of State for the Home Department (UK) and M. E. and others (C‑493/10) v Refugee Applications Commissioner, Minister for Justice, Equality and Law Reform, (Ireland), CJEU The presumption that all of the EU member-states are meant to be „safe countries” no longer effects the system. Concept of sovereingty clause. Dates and remedies Tranfer shall be done in 6 month Access to effective remedy against the decision

Qualification Directive (2004/83/EC) and (2011/95/EU) Minimum standards Scope 25 states 3 opt-outs: Denmark, the UK, Ireland Persons in need of international protection Refugees Persons in Temporary Protection Persons in Subsidiary Protection Refugee = Geneva Convention + Art. 12 clauses of the Directive.

Qualification Directive (2004/83/EC) and (2011/95/EU) – Subsidiary Protection Subsidiary Protection can be granted In respect of whom substantial grounds have been shown for believing That they had real risk of suffering serious harm. Serious harm (Article 15.) Death penalty Torure, inhuman or degrading treatment Serious and individual threat to a civilian's life or person by reason of indiscriminate violence in situations of international or internal armed conflict

Qualification Directive (2004/83/EC) and (2011/95/EU) – Elgafaji C- 465/07 (CJEU) The CJEU examined Article 15 of the Qualification Directive Generalized threat of violence no concrete and direct actions general trepidation from harm of life and physical well-being generated by indiscriminate violence. Indisriminate violence is independent from personal conditions. The logic behind individual assessment: During time of high level intensity of indisriminate violence the level of individual assassment shall be the lowest and vica versa.

Asylum Procedure Directive (2005/85/EC) and (2013/32/EU) Scope Obligatory: refugee status Optional: subsidiary protection (BUT: recast = now it is obligatory) Non-used: temporary protection Rights and obligations Sufficient Level of Investigation and Examination of the Case Rights to Acquire for Information about the Application Right to Personal Hearing Rights to Legal Advice Special Rights for Unaccompanied Minors

Asylum Procedure Directive (2005/85/EC) and (2013/32/EU) – Types of Procedure Standard procedure With the earliest dateline, BUT recast: fix dateline = 6 month (plus 9 and 6) Other procedures Special procedure and fast-tracking (no legal guarentees) Procedure without legal basis Applicant comes from a third safe third country Non-admissible procedure The applicant shall be transferred to the first country becase of Dublin system Recast: No more ‚special procedures’ without guarentees Detention cannot be applied if the only basis is the refugee application itself.

Asylum Procedure Directive (2005/85/EC) and (2013/32/EU) -„Safe Third Country” „Safe third county” is, where the applicant cannot face with persecution based on the five reasons of Refugee Convention the principle of non-refoulement is well-respected the access to asylum procedure is ensured.

Sources Reception Conditions Directive (2003/9/EC) and (2013/33/EU) Qualification Directive (2004/83/EC) and (2011/95/EU) Dublin II Regulation (2003/343/EC) Asylum Procedure Directive (2005/85/EC) M.S.S. vs. Belgium and Greece C-30696/09 (ECtHR) Elgafaji C- 465/07 (CJEU) N.S. vs. the UK C‑411/10 and M. E. and others vs. Ireland C‑493/10 (CJEU) www.europa.eu www.ecre.org

Thank you for your attention!