European Union Reception Law Implementation - best practices evaluation Comparison of protection and reception sytems within EU Borders

Implementation and harmonisation – aims of ICF project Harmonization of the asylum systems shall be based on positive understanding of individual human rights Shall be constructed within broad discussion of many stakeholders about the meaning of human rights, standards of protection and reception Shall rise the public consciousness about the range of aliens rights and the polish citizens’ attitude towards foreigners ICF manual shall be an easy and comprehensive tool of practical implementation of asylum law or best practices in the area of reception The aim of the project is to promote higher standards of protection  According to the rules of democratic standards  According to Poland’s international obligation  According to need of implementing best practices

The major rights regarding reception of asylum seekers It is in the very nature of minimum standards that Member States have the power to introduce or maintain more favourable provisions for third- country nationals and stateless persons who ask for international protection from a Member State. Commentary: acquiescence defines need and obligation

What is the scope of directive? Objects of directive: asylum seekers ( there is need to include persons with subsidiary forms of protection in the scope of directive, as Geneva Convention definition is understood strictly and implied cautiosly ) Subject- implementation of directive’s aim The general aim is to unify and introduce the common policy of reception among EU member states Define the minimal standards of reception conditions of asylum seekers (legal status + social rights)

Directive’s Catalog of Rights

Right to information about the legal status Directive:  Benefits and obligations within the reception process (obligatory)  Information about organizations and groups (legal aid, social and medical help) (obligatory)  Information must be in writing (exceptionally in oral)  Information provided in language understandable to alien Polish Law:  Guidelines given by authority to whom application is submitted (a gap between theory and practice)  A liberty of contact is not the same as obligatotion to inform  Should procedure conduct in polish language? „Administrative procedure in which alien is present, should be conducted in language, that foreigner is familiar with on the level enabling him/her to present facts and circumstances, relevant to determine his legal status” , Supreme Administrative Court verdict (V SA 89/99, LEX nr 49870)

Personal freedom of aliens Directive: The general principle of freedom of movement The principle of subsidiarity of freedom restriction Gradation of intervention full liberty → order to stay in certain area → order to stay in certain place/address → detention Member states shall provide for the possibility of granting applicants temporary permission to leave the place of residence Procedure, concerning freedom of movement restriction must not be discriminatory, and have to be fair and justifiable Polish Law: Art. 40. An alien applying for granting the refugee status shall not be detained unless: 1) he / she submits an application for granting the refugee status: a) during the border control, not having the right of entry on the territory of the Republic of Poland, b) staying on the territory of the Republic of Poland illegally; 2) prior to submission of an application for granting the refugee status he / she: a) crossed or attempted to cross the border contrary to the laws, b) obtained the decision on obligation to leave the territory of the Republic of Poland or the decision on expulsion; 3) the circumstances referred to in art. 88 sec. 1 of Act of 13 June 2003 of Aliens apply and this fact has occurred after submission of an application for granting the refugee status. Commentary: General principle consumed by exceptions Principle of subsidiary is based on the trust of the state to individuals Trust to individuals is predominant to interest of the state, public order or procedural promptness, unless individual forfeit this trust

Rights of the families in reception Directive: Family: spouse (oblig.) or stable partner (fak.) and their own or adopted unmarried minor children or the children of the spouse The principle of family unity in reception Polish Law: To vestigial regulations Family unity applied only to marriages recognized by polish legal system Commentary: The guidelines shall be given to those who are apart No detention of family members (unless justified by state security) Necessity of more entire regulation EXTEND THE FAMILY DEFINITION (to cover stable partners, gay couples, ascendants, siblings)

Right to education Directive: Access on equal rights to citizens (obligatory) Access to education at least up to secondary schools (obligatory) Access to education no later than 3 months since lodging application Possibility to postpone the access for a year (time for language learning) ≠ possibility to restrict access to public schools Polish Law: No particular regulations in polish law Difficulties with adults language teaching Problems with access of the children to schools (unwillingness of headmasters, tensions between children, no willingness to accept children not speaking polish to schools) Commentary: Positive example of actions of Mazovia Education Office Recommendations:  Access to private schooling  Access to higher education  Immediate access to education

Social Benefits Directive obliges member states to provide asylum seekers with sufficient social benefits for the period of determination procedure: Benefits should include: accommodation approvistation Appropriate clothing Medical care  Persons with special needs shall be granted benefits adequate to their needs and condition Polish law was generally implemented correctly. Problems:  Broader margin of appreciation in granting and withdrawing of the benefits  No social benefits for persons with tolerated stay, no integration for persons with tolerated stay  Logistic problems with reception centers (unjustifiable savings)  Problem of medical care and epidemic threat  Problem of designation and recognition of persons with special needs  Problems with understanding cultural differences in providing social benefits  The condition of accommodation improved due to flow of EU funding resources

Persons with special needs Directive: Broad catalog of persons with special needs, including: minors and unaccompanied minors Disabled persons elders Victims of torture, Victims of rape, physical, sexual or psychological violence Reception conditions must be adequate to condition and needs of those persons Member States shall ensure that, if necessary, persons who have been subjected to torture, rape or other serious acts of violence receive the necessary treatment of damages caused by the aforementioned acts. Polish Law: Incorrect implementation of the catalog No recognition procedures No sufficient mediacal care or harm reduction policy Border Guards had been trained by HNLAC, with Cooperation of UNHCR in the series of seminars. These trainings included issue of persons with special needs.