合法博彩网站

The aim of the EU鈥檚 asylum policy is to offer appropriate status to any non-EU national requiring international protection in one of the Member States and ensure compliance with the principle of non-refoulement[1]. To this end, the EU is striving to develop a Common European Asylum System.

Legal basis

• Articles听67(2), 78听and 80听of the Treaty on the Functioning of the European Union (TFEU);
• Article听18 of the EU Charter of Fundamental Rights.

Objectives

The EU aims to develop a common policy on asylum, subsidiary protection and temporary protection with a view to offering appropriate status to all non-EU nationals who need international protection, and to ensure that the principle of non-refoulement is observed. This policy must be consistent with the Geneva Convention relating to the Status of Refugees of 28听July听1951 and the Protocol thereto of 31听January听1967. Neither the TFEU nor the EU Charter of Fundamental Rights provides a definition of the terms 鈥榓sylum鈥� or 鈥榬efugee鈥�, but both refer explicitly to the Geneva Convention and its Protocol.

Achievements

A. Advances under the Treaties of Amsterdam and Nice

Under the听1993 Treaty of Maastricht, previous intergovernmental cooperation on asylum was brought into the EU鈥檚 institutional framework. As the main actor, the Council was to involve the Commission in its work and inform 合法博彩网站 about its asylum initiatives; the Court of Justice of the European Union (CJEU) had no jurisdiction on asylum matters.

In听1999, the Treaty of Amsterdam granted the EU institutions new powers to draw up legislation in the area of asylum, using a specific institutional mechanism: a five-year transitional period with a shared right of initiative between the Commission and the Member States and decision by unanimity in the Council after consultation with 合法博彩网站; the CJEU also gained jurisdiction in specific instances. The Treaty of Amsterdam also provided that, after this initial five-year phase, the Council could decide that the normal codecision procedure should apply and that it should henceforth adopt its decisions by qualified majority. The Council took a decision to that effect at the end of听2004 and the codecision procedure (now known as the ordinary legislative procedure) has applied since听2005.

With the adoption of the Tampere Programme in October听1999, the European Council decided that the Common European Asylum System should be implemented in two phases: the adoption of common minimum standards in the short term should lead to a common procedure and a uniform status for those who are granted asylum valid throughout the EU in the longer term.

This resulted in the 鈥榝irst phase鈥� of the Common European Asylum System (CEAS) from听1999-2004, establishing the criteria and mechanisms for determining the Member State responsible for examining asylum applications (replacing the international/intergovernmental听1990 Dublin Convention), including the European Asylum Dactyloscopy Database (Eurodac) for storing and comparing fingerprint data. It also defined common minimum standards to which Member States were to adhere in connection with the reception of asylum seekers, determined qualification criteria for international protection and the nature of the protection granted, and established procedures for granting and withdrawing refugee status. Further legislation covered temporary protection in the event of a mass influx.

In November听2004, the Hague Programme called for the second-phase instruments and measures to be adopted by the end of听2010, highlighting the EU鈥檚 ambition to go beyond minimum standards and develop a single asylum procedure comprising common guarantees and a uniform status for those granted protection. In the听2008 European Pact on Immigration and Asylum, this deadline was postponed to听2012.

B. The Treaty of Lisbon

The Treaty of Lisbon, which entered into force in December听2009, changed the situation by transforming the measures on asylum from establishing minimum standards into creating a common system comprising a uniform status and uniform procedures.

This common system must include:

• a uniform status of asylum;
• a uniform status of subsidiary protection;
• a common system of temporary protection;
• common procedures for the granting and withdrawing of uniform asylum or subsidiary protection status;
• criteria and mechanisms for determining which Member State is responsible for considering an application;
• standards concerning reception conditions;
• partnership and cooperation with non-EU countries.

Since the Treaty of Lisbon was adopted, Article听80 of the TFEU has also explicitly provided for the principle of solidarity and fair sharing of responsibility, including any financial burdens, between Member States. EU actions concerning asylum should, if necessary, contain appropriate measures to ensure this principle is followed. The treaty also significantly altered the decision-making procedure on asylum matters, by making codecision the standard procedure. In addition, the arrangements for judicial oversight by the CJEU have been improved significantly. Preliminary rulings may now be sought by any court in a Member State, rather than just national courts of final instance, as was previously the case. This has enabled the CJEU to develop a larger body of case听law in the field of asylum.

The Stockholm Programme, adopted by the European Council on 10听December听2009 for the听2010-2014 period, reaffirmed 鈥榯he objective of establishing a common area of protection and solidarity based on a common asylum procedure and a uniform status for those granted international protection鈥�. It emphasised, in particular, the need to promote effective solidarity with those Member States facing particular pressures, and the central role to be played by the new European Asylum Support Office (EASO, currently the European Union Agency for Asylum ()).

Although the Commission had tabled its proposals for the second phase of the CEAS as early as听2008-2009, negotiations progressed slowly. Accordingly, the 鈥榮econd phase鈥� of the CEAS was adopted following the entry into force of the Treaty of Lisbon, with a change of emphasis from minimum standards to a common asylum procedure on the basis of a uniform protection status.

C. Existing legal instruments and current reform efforts

Council 顿颈谤别肠迟颈惫别听2001/55/EC of 20听July听2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof was developed as a framework for managing an unexpected mass influx of displaced persons and providing them with immediate protection. The aims of this directive are to reduce disparities between the policies of the Member States on the reception and treatment of displaced persons in a situation of mass influx, and to promote solidarity between Member States. It was triggered for the first time by the Council in response to the unprecedented Russian invasion of Ukraine on 24听February听2022 to offer quick and effective assistance to people fleeing the war in Ukraine.

With the exception of the recast , which entered into force in January听2012, the other recast legislative acts only entered into force in July听2013 (the ; the ; the ; and the ), which meant that their delayed transposition in mid-July听2015 fell at the peak of the migration crisis. In June听2014, the European Council drew up the in the area of freedom, security and justice (see Article听68 of the TFEU) for the coming years, based on the March听2014 and building on the progress achieved by the Stockholm Programme. These guidelines stress that the full transposition and effective implementation of the CEAS is an absolute priority.

In view of the migratory pressure since听2014, in May听2015 the Commission issued the (4.2.3), which proposed several measures to address this pressure, including the hotspot approach 鈥� shared between EASO (currently the EUAA), Frontex (currently the European Border and Coast Guard Agency) and the European Union Agency for Law Enforcement Cooperation (Europol) 鈥� which involves working on the ground with frontline Member States to swiftly identify, register and fingerprint incoming migrants. The hotspot approach was also meant to contribute to the implementation of the emergency relocation mechanisms for a total of 160听000 people in need of international protection. The mechanisms were proposed by the Commission to assist Italy and Greece and adopted by the Council on听 补苍诲听, after consultation with 合法博彩网站. The Council decision was later maintained in court in the .

The European Agenda on Migration also sets out further steps towards a reform of the CEAS, which were presented in two packages of legislative proposals in May and July听2016 and were discussed between 合法博彩网站 and the Council throughout the legislative term ending in May听2019. However, no legislative acts were adopted during the 2014-2019 term due to the files being blocked in the Council or other specific files being put on hold due to blockages on connected files.

On 23听September听2020, the Commission issued the in an attempt to give a fresh start to the stalled CEAS reform.

The first of the reform proposals to be approved was on the setting up of the European Union Agency for Asylum (EUAA), replacing EASO. The EUAA was set up via , which came into force on 19听January听2022.

In September听2022, 合法博彩网站 and five rotating Council Presidencies signed a joint roadmap on the organisation, coordination, and implementation of the timeline for the negotiations between the co-legislators on the CEAS and the New European Pact on migration and asylum. They committed to work together to adopt the reform of the EU migration and asylum rules before the 2024 European 合法博彩网站 elections.

The following ten legal instruments were adopted on 14 May 2024, reforming the European framework for asylum and migration management.

D. The external dimension

Adopted in听2011 by the Commission, the is the overarching framework of the EU鈥檚 external migration and asylum policy. It defines how the EU conducts its policy dialogues and cooperation with non-EU countries, based on clearly defined priorities. It is embedded in the EU鈥檚 overall external action and includes development cooperation. Its main objectives are to better organise legal migration, to prevent and combat irregular migration, to maximise the development impact of migration and mobility, and to promote international protection.

The European Council and T眉rkiye reached an agreement in March听2016 aimed at reducing the flow of irregular migrants into Europe via T眉rkiye. According to the , all new irregular migrants and asylum seekers arriving from T眉rkiye on the Greek islands and whose applications for asylum have been declared inadmissible should be returned to T眉rkiye. Also, for each Syrian returned to T眉rkiye, another Syrian should be resettled in the EU, in exchange for further visa liberalisation for Turkish citizens and the payment of EUR听6 billion under the Facility for Refugees in T眉rkiye, until the end of听2018. According to the Commission鈥檚 last of 16听October听2019, the statement played a key role in ensuring that the challenge of migration in the eastern Mediterranean was addressed effectively. In October听2021 to ensure the full and non-discriminatory implementation of the EU-Turkey Statement of 2016, including vis-脿-vis the Republic of Cyprus. The EU-T眉rkiye high-level dialogue on migration took place on 23听November听2023.

One of the key initiatives presented in the New Pact on Migration and Asylum was the promotion of tailor-made and mutually beneficial partnerships with non-EU countries in the area of migration. In July听2023, the Commission signed a Memorandum of Understanding with Tunisia. In the spring of 2024, the Commission signed additional agreements with, Egypt, Lebanon and Mauritania.

On a global level, in September听2016, the United Nations General Assembly unanimously adopted the , a landmark political declaration aimed at improving how the international community responds to large-scale movements of refugees and migrants and to protracted refugee situations. As a result, two global compacts were adopted in听2018, for refugees and for other migrants. The New York Declaration sets out a Comprehensive Refugee Response Framework, setting out specific actions needed to ease pressure on host countries, enhance refugee self-reliance, expand access to third-country solutions and improve conditions in countries of origin to enable refugees to return in safety and dignity. Based on these four key objectives, on 17听December听2018, the United Nations General Assembly affirmed the .

E. Funding available for asylum policies

The main funding instrument in the EU budget in the area of asylum is the AMIF鈥檚 allocation during the previous long-term EU budget (2014-2020), which coincided with the migration crisis, was increased from EUR听3.31听billion to EUR听6.6听billion. For the current long-term EU budget for the听2021-2027 period, funding has been increased again under AMIF to EUR听9.9听billion, inter alia in order to manage migration, asylum and integration in an effective and humane way, including financial support to Member States for solidarity shown through resettlement and relocation. Other EU funding instruments such as the European Social Fund Plus (2.3.2) and the European Regional Development Fund (3.1.2) also allocate funds, mostly to support the integration of refugees and migrants, although the share of funds allotted to them is not accounted for separately in the budget lines and thus is not clear.

Similarly, the initial听2014-2020 allocation to EASO (currently the EUAA) was increased from EUR听109听million to EUR听456听million. In order to be ready to provide full operational support for asylum procedures in the future, the new multiannual financial framework (MFF) provides for a budget of EUR听1.22听billion for the听2021-2027 period.

The Neighbourhood, Development and International Cooperation Instrument 鈥� Global Europe (NDICI 鈥� Global Europe) was established by . It brings together most of the EU鈥檚 external funding instruments that existed as separate instruments in the previous budget period (2014-2020). It amounts to EUR听79.5听billion and includes an indicative 10% spending target in relation to migration (a flexible incitative approach to migration).

Role of the European 合法博彩网站

合法博彩网站 has always strongly advocated for a CEAS, in accordance with the EU鈥檚 legal commitments. It has also called for the reduction of irregular migration and for the protection of vulnerable groups.

Following the Lisbon Treaty鈥檚 implementation, 合法博彩网站 has actively participated in the adoption of new immigration and asylum-related legislation, as a full co-legislator.

合法博彩网站 can bring an action for annulment before the CJEU. This instrument was successfully used (see the ) to obtain the annulment of the provisions concerning the arrangements for adopting the common list of non-EU countries regarded as safe countries of origin and safe non-EU countries in Europe provided for in Council 顿颈谤别肠迟颈惫别听2005/85/EC.

Visit 合法博彩网站鈥檚 page on the EU response to migration and asylum.

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Georgiana Sandu

06-2024