Recent Developments in the Area of Freedom, Security and Justice in the EU University of Oslo Asylum Course 10 March 2006

Aim for the lecture Overview and Background From Schengen to Amsterdam From Tampere to the Hague CEAS What is happening now?

Migration Global dimension, 2005: 200 mill. migrants Def. ”migrant”: person who has lived more than a year outside home country Regionally: One step forward, two backward Complicating factors: legal/illegal forced/voluntary Legislative and policy measures in the pipeline

Legislative and Administrative Development Ad Hoc group Immigration Schengen Implementation Convention (1990/1995) Dublin Convention (1990/1997) Maastricht Treaty(1992/1993) Amsterdam Treaty (1997/1999) Follow-up: Action Plan, Scoreboard, Tampere Conclusions

Tampere Top level JHA-meeting 1999 JHA area defined in terms of priorities Balanced approach: Control/Rights Establishment of CEAS decided cf. Amsterdam treaty

Main focus Partnerships with countries of origin Establishment of CEAS Fair treatment of third country nationals Management of migration flows

Hague Programme (2004) and Plan og Action (June 2005) Translation of Hague Programme into Specific Measures Reiteration of importance attached to correct and timely transposition of legislative acts Effective implementation Evaluation in practice Retain certain degree of flexibility

Key aspects of EU JHA policy Protection of fundamental rights Implementation and evaluation Strengthening security External Relations

Asylum and Migration Policy Comprehensive approach: root causes of migration entry and admission policies Integration policies return policies

Hague Action Plan Concrete examples of priorities: Adoption of Procedures directive Conclusion of parallel agrements with Denmark on Dublin II and Eurodac Monitoring transposition of first phase legal instruments

Cont. Action Plan priorities Second phase of CEAS: Long term resident status for beneficiaries of international protection Second phase instruments Adopt directive on one single asylum procedure

A Common European Asylum System (CEAS) Qualification directive (2004) Procedures directive (2005) Dublin Regulation (2003) Eurodac Regulation (2003) Reception Conditions directive (2003) Temporary Protection directive (2001) Refugee Fund ( )

Second phase: Transposition period Commission legal proceedings National implementation adm. and judicial EU judiciary development

Cont. Second phase Coordination/cooperation among MS Majority voting Commission right to initiative EP role

Qualification directive Definition of ”refugee” Interpretation of concept of ”persecution” Definition of ”subsidiary protection” Rights pertaining to persons granted ”international protection” Consequences?

Procedures directive Controversy: UNHCR, ECRE, EP Criticism e.g. - Exemptions - Appeal and suspensive effect - Safe third country concept - Safe home country

Dublin and Eurodac Ref. next Wednesday Which country is resposnible for an asylum request? Dublin convention did not work Dublin II required Norway’s way into CEAS through the back door

Directive on Reception Conditions Stop secondary movement Secure EU harmonisation within EU in line with 1951 Conv. And ECHR

Cont. Directive on reception conditions Minimum standard rights on e.g.: - Housing - Work - Medical Care - Children other vulnerable groups - Education

Cont. Reception conditions UK and asylum seekers who wait too long Germany and the right to work Relationship with Dublin Status on transposition Norway’s interest?

What happens now? Commission to evaluate all CEAS instruments by 2007 Focus on external dimension Pilot projects Resettlement

Cont. What happens now? Legislative proposals on: - Return - Single procedure - Refugees and other persons rights as long term residents

Cont. What happens now? Cooperation with home countries Establishment of funds: - border control fund - integration fund - refugee fund ( ) - return fund

Cont. What happens now? ”Package” in autumn 2005: - Communication on regional protection programmes - Communication on integration - Communication on migration and development - Strategy on external dimension

Cont. What happens now? Feb. 2006: Communication on the establishment of structures improving the quality of decision making in the common European asylum system - Single procedure - Country of origin compilation - Amendment to Refugee Fund and ARGO