UNIVERSIDADE DE LISBOA

25-29 MARCH 2019

THE AREA OF FREEDOM, SECURITY AND JUSTICE

COMMON EUROPEAN
ASYLUM SYSTEM (CEAS)

PROF DR JAAP W. DE ZWAAN

EM. PROFESSOR EUROPEAN UNION LAW
ERASMUS UNIVERSITY ROTTERDAM
 CONTENTS
• EUROPEAN UNION CONTEXT
• UN CONVENTION 1951
• CHARTER OF FUNDAMENTAL RIGHTS
• COMMON EUROPEAN ASYLUM SYSTEM
(CEAS)
– HARMONIZATION
• EUROPEAN ASYLUM SUPPORT OFFICE
(EASO)
• EXTERNAL RELATIONS
– RETURN AND READMISSION
 EUROPEAN UNION CONTEXT
• INTERNAL MARKET
– FREE MOVEMENT OF PERSONS
– FAMILY REUNIFICATION
• THIRD COUNTRY NATIONALS
– SHORT STAY/VISA POLICY
• TOURISTS
• BUSINESS MAN/WOMAN
• STUDENTS/RESEARCHERS
– LONG STAY
• ASYLUM
• IMMIGRATION
– LEGAL AND ILLEGAL
 ASYLUM
• UN CONVENTION OF GENEVA 1951
– PRINCIPLE OF NON-REFOULEMENT
• EU CHARTER OF FUNDAMENTAL RIGHTS:
ARTICLE 18
– THE RIGHT TO ASYLUM SHALL BE
GUARENTEED WITH DUE RESPECT FOR
THE RULES OF THE GENEVA
CONVENTION OF 28 JULY 1951 AND THE
PROTOCOL OF 31 JANUARY 1967
RELATING TO THE STATUS OF
REFUGEES AND IN ACCORDANCE WITH
THE TEU AND THE TFEU
 ASYLUM: HARMONIZATION
• EURODAC
• RESPONSIBLE MEMBER STATE (‘DUBLIN’)
• DEFINITION OF REFUGEE
• PROCEDURES
• RECEPTION
• TEMPORARY PROTECTION
ALL IN ALL
• A ‘COMMON STATUS’ (CEAS)
 EURODAC
• IDENTIFICATION OF APPLICANTS
• EU ASYLUM FINGERPRINT DATA
BASE
– ALL FINGERS
• LATEST VERSION: REGULATION
603/2013
 AMENDING PROPOSAL
EURODAC 4-5-2016

• USE OF BIOMETRIC IDENTIFIERS,

SUCH AS FACIAL IMAGE
• LOWERING THE AGE OF TAKING
FINGERPRINTS TO 6 YEARS
• USE OF FINGERPRINT DATA TO
CONTRIBUTE TO RETURN
PROCEDURE OF ILLEGAL MIGRANTS
RESPONSIBLE MEMBER STATE

• LATEST VERSION: REGULATION

604/2013
• ‘DUBLIN SYSTEM’
• ESTABLISHES THE MEMBER STATE
RESPONSIBLE FOR THE
EXAMINATION OF AN ASYLUM
APPLICATION
RESPONSIBLE MEMBER STATE (1)

• HIERARCHY OF CRITERIA
• THE CRITERIA FOR ESTABLISHING
RESPONSIBILITY RUN FROM PROTECTION
OF MINORS, FAMILY CONSIDERATIONS,
RECENT POSSESSION OF VISA/RESIDENCE
PERMIT IN A MEMBER STATE, TO
WHETHER THE APPLICANT HAS ENTERED
THE EU IRREGULARLY OR ALREADY
STAYED/LIVED IN A MEMBER STATE
• DISCRETIONARY CLAUSES
RESPONSIBLE MEMBER STATE (2)

• WHERE NO MEMBER STATE

RESPONSIBLE CAN BE DESIGNATED
…. THE FIRST MEMBER STATE IN
WHICH THE APPLICATION FOR
INTERNATIONAL PROTECTION WAS
LODGED SHALL BE RESPONSIBLE
 AMENDING PROPOSAL
DUBLIN 4-5-2016
• ENHANCES THE SYSTEM’S CAPACITY TO
DETERMINE A SINGLE MEMBER STATE
– SHORTENING TIME LIMITS FOR TAKE-CHARGE
REQUESTS AND TRANSFERS
• ENSURES FAIR SHARING OF RESPONSIBILITY
BETWEEN MEMBER STATES
– CORRECTIVE ALLOCATION MECHANISM IN CASE OF
DISPROPORTIONATE PRESSURE
• DISCOURAGES SECONDARY MOVEMENTS
• PROTECTS ASYLUM SEEKERS’ BEST INTERESTS
– STRONGER GUAREENTEES FOR UNACCOMPANIED
MINORS
– BALANCED EXTENSION OF DEFINITION FAMILY
MEMBERS
 RELOCATION

• TRANSFER OF A PERSON WHO HAS

MADE AN APPLICATION FOR
INTERNATIONAL PROTECTION FROM
THE MEMBER STATE IN CHARGE OF
EXAMINING THEIR APPLICATION TO
ANOTHER MEMBER STATE
 FAIRNESS MECHANISM
• PRINCIPLE OF SOLIDARITY
• TAKES INTO ACCOUNT RESETTLEMENT
EFFORTS MADE BY A MEMBER STATE
• PROPORTIONALITY
– SIZE AND WEALTH (POPULATION AND GDP)
• RELOCATION ACROSS THE EU
• MEMBER STATE ALSO HAS THE OPTION
TO TEMPORARILY NOT TAKE PART IN THE
RELOCATION
– 250.000 € FOR EACH MIGRANT BY WAY OF
SOLIDARITY CONTRIBUTION
 QUALIFICATION - DEFINITION

• LATEST VERSION: DIRECTIVE 2011/95

• ‘REFUGEE’: EU DEFINITION
• RESPECTING UN CONVENTION 1951
• ‘SUBSIDIARY’ PROTECTION
– NATIONALS OF THIRD COUNTRIES
WHO, WITHOUT OBTAINING EUROPEAN
ASYLUM, ARE IN NEED OF
INTERNATIONAL PROTECTION
• COVERS ALL IN NEED OF INTERNATIONAL
PROTECTION
‘REFUGEE’: ARTICLE 2 d DIRECTIVE 2011/95

‘REFUGEE’ MEANS A THIRD-COUNTRY NATIONAL

WHO, OWING TO A WELL-FOUNDED FEAR OF BEING
PERSECUTED FOR REASONS OF RACE, RELIGION,
NATIONALITY, POLITICAL OPINION OR
MEMBERSHIP OF A PARTICULAR SOCIAL GROUP, IS
OUTSIDE THE COUNTRY OF NATIONALITY AND IS
UNABLE OR, OWING TO SUCH FEAR, IS UNWILLING
TO AVAIL HIMSELF OR HERSELF OF THE
PROTECTION OF THAT COUNTRY, OR A STATELESS
PERSON, WHO, BEING OUTSIDE OF THE COUNTRY
OF FORMER HABITUAL RESIDENCE FOR THE SAME
REASONS AS MENTIONED ABOVE, IS UNABLE OR,
OWING TO SUCH FEAR, UNWILLING TO RETURN TO
IT, ….
 ‘SUBSIDIARY PROTECTION’:ARTICLE 2 f
DIRECTIVE 2011/95
‘PERSON ELIGIBLE FOR SUBSIDIARY PROTECTION’
MEANS A THIRD- COUNTRY NATIONAL OR A
STATELESS PERSON WHO DOES NOT QUALIFY AS A
REFUGEE BUT IN RESPECT OF WHOM SUBSTANTIAL
GROUNDS HAVE BEEN SHOWN FOR BELIEVING
THAT THE PERSON CONCERNED, IF RETURNED TO
HIS OR HER COUNTRY OF ORIGIN, OR IN THE CASE
OF A STATELESS PERSON, TO HIS OR HER COUNTRY
OF FORMER HABITUAL RESIDENCE, WOULD FACE A
REAL RISK OF SUFFERING SERIOUS HARM AS
DEFINED IN ARTICLE 15, AND TO WHOM ARTICLE
17(1) AND (2) DOES NOT APPLY, AND IS UNABLE, OR,
OWING TO SUCH RISK, UNWILLING TO AVAIL
HIMSELF OR HERSELF OF THE PROTECTION OF
THAT COUNTRY
 AMENDING PROPOSAL
QUALIFICATION 13-7-2016

• FURTHER HARMONIZATION OF COMMON

CRITERIA FOR QUALIFYING FOR
INTERNATIONAL PROTECTION
• FURTHER HARMONIZATION OF RIGHTS
AND INTEGRATION PROSPECTS FOR
BENEFICIARIES OF INTERNATIONAL
PROTECTION
• PROTECTION AS LONG AS GROUNDS OF
PROTECTION OR SERIOUS HARM PERSIST
 COMMON PROCEDURES
• LATEST VERSION: DIRECTIVE 2013/32
• GOOD QUALITY DECISIONS
• GRANTING/ WITHDRAWING
INTERNATIONAL PROTECTION
• DEADLINES
– IN PRINCIPLE 6 MONTHS
• JUDICIAL PROTECTION
– LEGAL ASSISTANCE
 AMENDING PROPOSAL
PROCEDURES 13-7-2016
• SIMPLER AND CLEARER PROCEDURAL
ARRANGEMENTS
• BETTER SAFEGUARD OF RIGHTS OF APPLICANTS
– INFORMATION, INTERVIEW, FREE LEGAL
ASSISTANCE, INTERPRETATION
• GREATER PROTECTION OF VULNERABLE
INDIVIDUALS
– UNACCOMPANIED MINORS AND VICTIMS OF
TORTURE
• STRICTER RULES TO PREVENT ABUSE OF THE
SYSTEM
• HARMONIZED RULES ON SAFE THIRD COUNTRIES
 RECEPTION
• LATEST VERSION: DIRECTIVE 2013/33
• IMPORTANCE OF A HUMANE TREATMENT
– HOUSING
– FOOD/CLOTHING
– EDUCATION FOR CHILDREN
– ACCESS TO MEDICAL AND SOCIAL CARE
– ACCESS TO THE LABOUR MARKET
(CONDITIONALLY)
• SPECIAL ATTENTION FOR VULNERABLE
PERSONS
• DETENTION ONLY AS A MEASURE OF
LAST RESORT
 AMENDING PROPOSAL
RECEPTION 13-7-2016

• FURTHER HARMONIZATION RECEPTION

CONDITIONS
– MORE HUMANE TREATMENT
– AN ADEQUATE STANDARD OF LIVING
• REDUCTION INCENTIVES FOR
SECONDARY MOVEMENT
• INCREASE OF INTEGRATION PROSPECTS
– REDUCTION TIME-LIMITS FOR ACCESS
TO LABOUR MARKET
 TEMPORARY PROTECTION
• COUNCIL DIRECTIVE 2001/55
• MINIMUM STANDARDS
• IN THE EVENT OF A MASSIVE INFLOW OF
DISPLACED PERSONS
• FOR GIVING IMMEDIATE AND
TEMPORARY (PROVISIONAL) PROTECTION
• PROTECTION MAY LAST FROM ONE TO
THREE YEARS
• BURDENSHARING / SOLIDARITY
 DISPLACED PERSONS: ARTICLE 2(c)
• THIRD COUNTRY NATIONALS OR STATE-LESS
PERSONS WHO HAVE HAD TO LEAVE THEIR
COUNTRY OF ORIGIN, ……, AND ARE UNABLE TO
RETURN IN SAFE AND DURABLE CONDITIONS
BECAUSE OF THE SITUATION PREVAILING IN
THAT COUNTRY, WHO MAY FALL WITHIN THE
SCOPE OF ARTICLE 1 A OF THE GENEVA
CONVENTION OR OTHER INTERNATIONAL OR
NATIONAL INSTRUMENTS GIVING
INTERNATIONAL PROTECTION, IN PARTICULAR
– i. PERSONS WHO HAVE FLED AREAS OF ARMED
CONFLICT OR ENDEMIC VIOLENCE
– ii. PERSONS AT SERIOUS RISK OF, OR HAVE BEEN
VICTIMS OF, SYSTEMATIC OR GENERALISED
VIOLATIONS OF THEIR HUMAN RIGHTS
 BURDEN SHARING: ARTICLE 80 TFEU

• THE POLICIES OF THE UNION

……SHALL BE GOVERNED BY THE
PRINCIPLE OF SOLIDARITY AND FAIR
SHARING OF RESPONSIBILITY,
INCLUDING ITS FINANCIAL
IMPLICATIONS
 EUROPEAN ASYLUM
SUPPORT OFFICE (EASO)
• REGULATION 439/2010
• SEAT IN VALETTA (MALTA)
• TASK: SUPPORT OF MEMBER STATES
– COORDINATION OF POLICIES
– IMPLEMENTATION OF ADOPTED ACTS
• EXTENSIVELY INVOLVED
IN REFUGEE CRISIS
 EASO: AMENDING PROPOSALS
4-5-2016 AND 12-9-2018
• TRANSFORMATION OF EASO INTO A
FULLY-FLEDGED EU AGENCY FOR
ASYLUM
• ENHANCED MANDATE
– RAPID AND FULL SERVICE TO THE
MEMBER STATES
• MORE FINANCIAL SUPPORT
 EXTERNAL RELATIONS
• PARTNERSHIP AND COOPERATION WITH THIRD
COUNTRIES
– RETURN AND READMISSION AGREEMENTS
• EU REGIONAL PROTECTION PROGRAMMES
– RETURN
– LOCAL INTEGRATION
– RESETTLEMENT
• COOPERATION
– UNHCR: UN HIGH COMMISSIONER FOR
REFUGEES
– IMO: INTERNATIONAL ORGANIZATION FOR
MIGRATION
• ‘EU - TURKEY STATEMENT’
 RESETTLEMENT
• NON-EU DISPLACED PERSONS IN CLEAR
NEED OF INTERNATIONAL PROTECTION
ARE TRANSFERRED FROM A NON-EU
COUNTRY TO AN EU MEMBER STATES

• PROPOSAL FOR A REGULATION

ESTABLISHING A UNION SETTLEMENT
FRAMEWORK 13-7-2016
– A MORE STRUCTURED, HARMONISED AND
PERMANENT FRAMEWORK
– AIMS TO REPLACE CURRENT ‘AD-HOC’
SCHEMES
 VOLUNTARY HUMANITARIAN ADMISSION
SCHEME WITH TURKEY
FOR REFUGEES FROM SYRIA (1)
• SYSTEM OF SOLIDARITY AND RESPONSIBILITY
SHARING WITH TURKEY FOR THE PROTECTION
OF PERSONS DISPLACED BY THE CONFLICT IN
SYRIA TO TURKEY

• OBJECTIVE: TO REDUCE IRREGULAR INFLOWS

INTO EUROPE THROUGH TURKEY

• MEMBER STATES ARE INVITED TO ADMIT FROM

TURKEY PERSONS IN NEED OF INTERNATIONAL
PROTECTION WHO HAVE BEEN DISPLACED BY
THE CONFLICT IN SYRIA
VOLUNTARY HUMANITARIAN ADMISSION
SCHEME WITH TURKEY
FOR REFUGEES FROM SYRIA (2)

• TURKEY RECEIVED MORE THAN TWO

MILLION PERSONS DISPLACED BY THE
CONFLICT IN SYRIA.
• OVER 750.000 ASYLUM SEEKERS AND
ECONOMIC MIGRANTS ENTERED INTO
THE EU FROM TURKEY IN 2015
 RECENT IDEAS
(EUROPEAN COUNCIL 28 JUNE 2018)

• DISEMBARKATION PLATFORMS
– THIRD COUNTRIES
– COOPERATION UNHCR AND IOM
• CONTROLLED CENTRES
– EU MEMBER STATES
 FINAL REMARKS
• PRINCIPLE OF ‘NON-REFOULEMENT’
(UNITED NATIONS)
• PROTECTION AND HUMAN TREATMENT
OF APPLICANT AND FAMILY MEMBERS
• ADEQUATE PROCEDURES
• SOLIDARITY BETWEEN MEMBER STATES
• COMMON EUROPEAN ASYLUM SYSTEM
– REFORM PACKAGE (AMENDING PROPOSALS)
– LINK WITH ‘FUTURE’ AGENDA
– EUROPEAN COUNCIL CONCLUSIONS OF 28
JUNE, 18 OCTOBER AND 13-14 DECEMBER 2018
• COOPERATION WITH THIRD COUNTRIES