Brussels, 16/06/2008 (Agence Europe) - As the EU27 heads of state and government prepare to reiterate, at the end of the week, their call for progress to be made with a view to accomplishing the future EU asylum regime by end 2010, the European Commission will be presenting, on Tuesday 17 June, a policy plan on asylum to determine the main measures to be taken with a view to achieving this aim. The Commission will, in parallel, be publishing a communication on common immigration policy, proposing ten common principles for giving a coherent aspect to the ambitions of the European executive in this field. Despite its low added value, this last exercise seems important for the Commission, especially with just a few weeks to go before France kicks off the European Immigration Pact (see EUROPE 9671 and 9597).
Policy plan on asylum, an “integrated approach to protection across the EU”. This text, in the form of a communication, is the result of consultation (Green Paper) launched in June 2007 with a view to identify possible orientations for the action plan (EUROPE 9440). Though not going into all the details, the document sets out all the measures that the Commission plans to take in coming years in order to complete the second phase of the Common European Asylum System (CEAS). At present, there are around 1.5 million refugees in the EU. In 2007, nearly 222,000 persons requested asylum in the Union. Compared to the early nineties, this figure is relatively low, although it is nonetheless up 12% compared to 2006. In 2007, 27% of those requesting asylum were given protection. Asylum seekers were mainly from Iraq, Russia (Chechnya) and Pakistan. Asylum requests mainly concerned Sweden, France and the United Kingdom.
The policy plan is composed of measures at three levels:
1) The Commission trusts that the EU will have higher common standards of asylum protection. To achieve this, it plans to suggest that member states, which still have too big a margin for manoeuvre, should push forward with harmonisation of existing legislation. The Commission first of all foresees amending (in November 2008) the directive on conditions for hosting asylum seekers (EUROPE 9553). Amendments suggested will make it possible to cover those requesting subsidiary protection, ensure better equality of standards at the level of reception conditions, provide simplified access to the labour market, incorporate procedural guarantees against detention and allow adequate processing of vulnerable persons. The Commission also intends to amend (1st half 2009) the directive on procedures for the granting and withdrawal of refugee status by establishing compulsory procedural guarantees as well as common definitions for ensuring equitable access to procedures across the Union, in particular with regards gender treatment and the treatment of vulnerable persons. Another amendment will be on the so-called “qualification” directive concerning minimum norms that must be met by persons to obtain refugee status or another form of international protection within the Union (1st half 2009). It will above all be a matter of harmonising eligibility conditions attached to subsidiary protection to make up for the diverging interpretations that exist between member states and to raise the rights attached to the status of subsidiary protection by bringing them closer to, or by aligning them on, those of refugee status. Furthermore, the Commission plans to explore, in the “qualification” directive or with a separate instrument, the possibility of establishing a protection transfer mechanism allowing, for example, a refugee in Germany to have the same status when he/she is in Belgium. Finally, a study will be launched in 2009 on possible alignment of the various national types of protection status that do not come under the European protection regime such as humanitarian protection. 2) The Commission wants to create a European support bureau responsible for asylum policy to consolidate cooperation in the following areas: - information on the countries of origin, personnel training, and setting up of expert teams to help countries whose national asylum systems are under great pressure. A feasibility study should be completed in July 2008 and a proposal made end 2008. 3) The Commission also stresses the need for great solidarity/responsibility between member states to support, for example, countries like Malta or Cyprus that must process an over-large number of asylum requests compared to their capacity. To this end, instruments such as the Dublin II Regulation and Eurodac will be amended (November 2008) and their scope extended to subsidiary protection. The Commission will also examine the feasibility and the conditions in which it will be possible to allow access to Eurodac for repressive authorities of member states and to Europol. Although they have often been criticised in the past, the Dublin criteria, which allow the member states responsible for processing the asylum request to be determined, will not change.
The Commission will simply try to make these criteria fairer, including by strengthening notions such as family reunification. The emphasis on solidarity will be most noticeable in two proposals: one to set up a mechanism which will, in exceptional circumstances, allow the Dublin rules for the transfer of asylum seekers to a member state where the reception system does not work properly, and the other seeks to facilitate domestic reallocation, on a voluntary basis, of those who benefit from the international protection of one member state to another member state in the event of pressure. The Commission will, in 2009, launch a study assessing the possible ways to improve the effect of the EU financial contribution during periods of strong migratory flows. Solidarity should also be reflected in the relations the EU has with third countries through reinforcement of regional protection programmes and the development of resettlement (receiving in the EU a refugee accommodated in the country of first asylum) and protected entry procedures.
Prospects of common immigration policy in Europe. The communication is made up of ten common principles grouped together around three key words: prosperity, security and solidarity. Each principle is illustrated with concrete examples of implementation. 1. Prosperity: the immigration policy should encourage legal immigration clearly, transparently and fairly. It should match skills and needs. Integration is the key to successful immigration. 2. Solidarity: the common immigration policy should be based on transparency, mutual confidence and shared cooperation. Solidarity needs the effective and coherent use of the available financial instruments. The management of migratory fluxes requires genuine partnerships and cooperation with third countries. 3. Security: the common visa policy must serve the interests of Europe, making it easier for genuine travellers to enter and increasing security. The integrity of the Schengen area must be maintained and the integrated management of borders strengthened, just as the control of persons policy has to be developed. The EU and member states must implement a coherent policy to combat illegal immigration and a zero tolerance approach to human trafficking. Effective deportation measures are a vital part of the policy to combat illegal immigration. Massive regularisation of the status of illegal immigrants should be discouraged, while allowing such regularisation on a case by case basis. (B.C.)