Guaranteeing the right to asylum 

The EU aims to protect those who flee persecution or serious threats in their own country.

People around the world who are forced to flee their country because of human rights violations or persecution can seek asylum in the EU. The 1951 Geneva Convention sets out the criteria on who should be recognised as a refugee. EU countries are parties to this convention and have an international obligation to grant protection to eligible people.

The EU integrated the conditions for qualification for international protection in its own legislation. To help those who do not qualify for a refugee status but are still at serious risk, the EU has broadened the concept of protection by offering what is known as subsidiary protection, whereby people are protected from being returned to a country where they are faced with death, torture or inhumane or degrading treatment.

The right to asylum and the right to subsidiary protection are guaranteed by .

The EU also offers temporary protection in the event of a mass influx of displaced people from non-EU countries who are unable to return to their country of origin. This provision was activated when Russia invaded Ukraine in February 2022 to offer quick and effective assistance to people fleeing the war in Ukraine.


 

EU countries agreed to a common European asylum policy. This policy was updated with the , adopted in early 2024 in order to respond to challenges related to migration management across the EU. The pact comes into force in 2026.
The procedures to grant asylum must be both fair and effective throughout the Union. This is the basis of the Common European Asylum System (CEAS).
The CEAS consists of several pieces of legislation covering all aspects of the asylum process. These include:

  • the EU regulation on asylum and migration management which detemines how EU countries contribute to the management of asylum applications, based on the principle of solidarity and the fair sharing of responsibility;
  • a new regulation on asylum procedures, which sets out clear rules for making asylum applications and makes sure asylum seekers’ rights are protected;
  • a new screening regulation, which helps to establish the identities as well as any security and health risks of people entering the EU without fulfilling the entry conditions. This paves the way for a faster identification of the correct procedure for authorities to apply;
  • a faster border asylum procedure that can be applied at external borders that allows for the examination of asylum claims in up to 12 weeks and provides free legal aid to applicants;
  • an updated directive on reception conditions that establishes minimum common standards for asylum applicants’ living conditions and that ensures that applicants have access to housing, food, employment and health care;
  • a new regulation that establishes who qualifies as a refugee or a beneficiary of subsidiary protection and that provides a series of rights for beneficiaries (residence permits, travel documents, access to employment and education, social welfare and healthcare).