Brussels, 13/07/2016 (Agence Europe) - Two months after having presented its reform of the so-called Dublin system, which structures member state responsibility in the processing of demands for asylum, the European Commission made another proposal on Wednesday 13 July, which calls for a new range of reforms to harmonise European asylum systems (EUROPE 11546). This particularly focuses on shortening procedures, new responsibilities for asylum seekers, including penalties, as well as fast tracking labour market access in member states.
With regard to the European asylum regime, which was seriously put to the test in 2015, the Commission seeks to bring standards closer together in member states and rectify the divergences in the reception, care and rights of asylum seekers. By taking measures, including sanctions, in an effort to stem secondary flows of asylum seekers, the Commission is also seeking to prevent “asylum shopping” and avoid asylum seekers being tempted to get into countries that appear the most attractive. Currently, Germany and Sweden are by far the countries attracting most asylum candidates.
On Wednesday, the Commission proposed to replace the directive on asylum seekers with regulation introducing a common procedure for harmonised international protection at an EU level. This idea seeks to reduce differences between member states regarding the rates of recognising the rights to asylum, discourage secondary movements of asylum seekers and provide effective common procedural guarantees for asylum seekers.
New rights but also new responsibilities for asylum seekers
The Commission is particularly keen that member states can make decisions on asylum within a maximum timeframe of six months, with a two month maximum when the demand for asylum is deemed unfounded or when fast tracking is applied (for so-called safe countries of origin, for example). It also sets out deadlines for appeal: rejected asylum seekers will now have from one week to a maximum of one month to submit an appeal in the event of their demand being refused. Decisions on first appeal will not be able to supersede a maximum of six months.
Together with these strict conditions, the Commission is proposing that asylum candidates can benefit throughout the EU from a right to a personalised interview and free legal representation as soon as the administrative procedures are ongoing. A legal adviser will also be allocated to non-accompanied minors and other vulnerable people five days after they have submitted their demand for asylum, at the latest.
With these new renewed guarantees, the Commission is seeking to introduce sanctions for asylum seekers who do not respect their obligations throughout the EU. This approach has been strongly criticised by the Greens/EFA group of the European Parliament in a press release, which denounced the “regressive proposals” on asylum seekers' rights.
The regulation introduces new obligations on cooperation with the authorities and sanctions in the event of them not being respected. It plans on replacing the lists of so-called safe countries of origin (which justify, for example, fast track procedures in the processing of dossiers) with a single European list. This kind of proposal was put on the table in September 2015 (EUROPE 11385) and on which the EP worked towards developing a position at the beginning of July (EUROPE 11589). This recognition currently exists at a national level, for example between Greece and Turkey, as part of the agreement of 18 March.
Another proposal put forward on Wednesday by the Commission calls for the replacement of the directive which harmonises conditions which asylum seekers must fulfil, with a regulation introducing harmonisation in this area with the length of time granted for residency permits awarded to beneficiaries of international protection, The status of refugees may also be revised on the basis of the situation in the country of origin. In this connection, member states will be obliged to take into account the indications provided by the European Asylum Seekers Office (EASO). Protection will be granted to an individual only for the time required.
This regulation also introduces stricter rules for deterring secondary movements. The five-year waiting time imposed on beneficiaries of international protection where they can obtain the status of long-term resident will also be extended each time the person concerned is identified in a member state where they do not have leave to remain or reside, explained the Commission. Finally, access to certain social benefits will also depend on the efforts made by the asylum seeker to integrate.
Asylum seekers can be detained
On Wednesday, the Commission also proposed to revise the directive on the conditions for taking in asylum seekers and encourage member states to provide sufficient capacity to carry this out. This will involve asylum seekers remaining in the country where they are, in order to enable the national authorities to assign them an obligation of residency, for example. The Commission confirmed in this connection that it would be possible for member states to place asylum seekers in detention if there is a risk of them absconding. This possibility has hitherto only applied to exceptional situations and applied as a last resort.
This revised directive also insists on the fact that reception conditions will only be provided in the member state responsible for examining the demand for asylum. The directive also states when material conditions for reception can be reduced and financial allocations can be replaced with reception materials in kind, the Commission explains. It also seeks to speed up the right of asylum seekers to labour market access in member states to a maximum of six months after the introduction of the asylum request.
Shift to permanent refugee relocation framework
A year after having introduced a decision on relocation and which involved the reception of more than 220,000 people accommodated in camps set up in third countries, the Commission is proposing a permanent European relocation framework in the guise of a draft regulation. This will set an annual target of people to relocate on the basis of the commitments made by the member states. The latter will remain in charge of the number of people they are prepared to take in on their respective territory.
The future relocation framework will be introduced by way of annual EU relocation plans, adopted by the Council and put into practice through targeted EU relocation mechanisms adopted by the Commission. These plans will define the priority geographical areas in which the relocations will take place, as well as the maximum number of people that have to be relocated over the forthcoming year on the basis of the contributions made by the member states and countries involved in the Schengen Area Free Movement of People. Each country will receive €10,000 for each refugee relocated.
The Commission will also work out these relocation places on the basis of the efforts made by the third countries involved in the fight against irregular migration. (Original version in French by Solenn Paulic)