Brussels, 20/10/2009 (Agence Europe) - On Wednesday 21 October, the Commission will be adopting two legislative proposals bringing in changes in procedures for granting and withdrawing refugee status, and minimum rules to be met by persons in order to obtain refugee status. These two new projects may raise criticism from several member states - such as Germany - which is opposed to greater legislative approximation on asylum as long as mechanisms already in place do not work (EUROPE 9982). The European Commission considers the minimum norms foreseen by the two existing directives are not sufficient as differences between legislation and asylum practice persist. Under the current texts, the chances of a person being granted international protection vary enormously from one member state processing the request to the next. In the same way, asylum seekers benefit from a different level of procedural equity depending on the country where their request for protection is examined. This situation engenders a sort of asylum “lottery” that pushes asylum seekers to go to member states seen as the most attractive destinations.
Qualification Directive. Adopted in 2004, the Qualification Directive sets out minimum norms relating to the conditions to be met by a person in order to claim refugee statues or a person who, for other reasons, needs international protection. The new proposals are expected to simplify and streamline decision-making procedures and lead to more robust determinations at first instance, thus improving the efficiency of the asylum process and preventing fraud. In particular, the amendments aim to clarify certain legal concepts such as “actors of protection” or “internal protection” used to define the grounds for protection. By clarifying such notions, the Commission hopes to strengthen the authorities' ability to deal with unjustified requests and, more generally, to process requests more rapidly. This will also allow those who are truly in need of protection to have access to the rights conferred upon them by the directive more rapidly. The new proposal aims, moreover, to eliminate the differences between the rights of refugees and beneficiaries of subsidiary protection, for instance regarding the duration of residence permits or access to social welfare, health care and to the labour market. The approximation of the two statuses will rationalise procedures and reduce administrative costs, the Commission explains. The proposal also aims to improve effective access to rights already granted by the directive while taking into account specific integration challenges faced by refugees and beneficiaries of subsidiary protection and which translate into practical obstacles (lack of documentary evidence to support their academic and professional capacities, etc.). Consequently, the Commission states, the proposal facilitates the recognition of qualifications, access to vocational training and employment as well as integration facilities. Finally, the proposal aims to ensure coherence with the EU Court of Justice case law and with that of the European Court of Human Rights.
Asylum Procedures Directive. This second directive, adopted in 2005, aims to establish minimum norms on procedures for granting and withdrawing refugee status in member states, when requests for subsidiary protection are involved. The proposed amendment provides for a single procedure, thus making it clear that applications should be considered in the light of both forms of international protection set out in the Qualification Directive. One of the important measures recommended by the Commission is that of introducing a general six-month time limit for completing first instance asylum procedures. The proposal provides for a transitional three-year period to allow Union states to adjust to this delay. It also aims to increase procedural guarantees for asylum seekers. The proposal mainly rules out the possibility of not having a personal interview in the event of an accelerated procedure. Amendments provide for the right for free legal assistance for seekers of international protection at first instance and introduces particular guarantees for vulnerable asylum seekers. Useful information and advice will be made available to those who wish to submit a request for international protection on their arrival in the EU, the Commission also says. The Commission hopes that border guards and police will be trained for this. It is proposed to facilitate access to effective remedy for asylum applicants in line with the Community and international obligations of member states. Firstly, the proposal provides for full reassessment of first instance rulings by a court and states that the idea of effective remedy requires reassessment of points of fact and of law. In addition, the proposal provides for a suspensive effect of appeals, with a limited number of exceptions against first instance decisions on international protection requests. (B.C./transl.jl)