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

2. 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?

3. 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.

4. 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

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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

11. 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.

12. 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

13. 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.

14. 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

15. 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.

16. 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.

17. 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)

18. Thank you for your attention!