Documente - Think Tank - Parlamentul European

Briefing - Family reunification rights: Refugees and beneficiaries of subsidiary protection - 28-04-2025

Mon, 28 Apr 2025 13:48:43 GMT

Separating family members can have devastating consequences on their wellbeing and ability to rebuild their lives. This is true for everybody, but especially so for people who have fled persecution or serious harm and have lost family during forced displacement and their flight from danger. For beneficiaries of international protection, family separation can affect their ability to engage in many aspects of the integration process, from education and employment to putting down roots, and harm their physical and emotional health. Family reunification is therefore a fundamental aspect of bringing normality to the lives of such people. While European Union law ensures refugees and holders of subsidiary protection – the two types of beneficiaries of international protection – equal treatment in most areas, differences persist regarding family reunification under the Family Reunification Directive, among other things. After 2015, most EU Member States witnessed a significant increase in the number of asylum-seekers arriving in their territory, with a parallel increase in the number of beneficiaries of international protection seeking reunification with their families. To establish some form of control over this unprecedented flow of people, Member States shifted away from awarding refugee status towards granting subsidiary protection, thus restricting the possibility for beneficiaries to reunite with their families. In March 2025, certain EU countries announced restrictions on the right to family reunification for migrants. According to many legal experts, beneficiaries of subsidiary protection face stricter requirements regarding family reunification than refugees, which disregards the particular circumstances related to their forced displacement and the corresponding difficulties they are likely to face in meeting these stricter requirements.

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Briefing - Key challenges faced by LGBTI asylum applicants in the EU - 28-04-2025

Sun, 27 Apr 2025 22:00:00 GMT

Lesbian, gay, bisexual, trans-gender and intersex (LGBTI) asylum applicants are recognised as a vulnerable social group under European Union (EU) legislation, and are therefore entitled to international protection. However, it is up to applicants to prove that they are indeed LGBTI, which can be challenging. As they often come from countries where being a member of the LGBTI community exposes individuals to persecution and violence, there is normally little documentary evidence they can produce to support their claims. EU legislation has imposed limits on how Member States can examine and assess LGBTI asylum applications. Whatever methods EU countries use, they are required to respect the human dignity of applicants. LGBTI applicants also have specific needs – for example, in terms of healthcare and safety at reception centres. Vulnerability based on sexual orientation can also play a role in Member States' decisions on whether an applicant can be sent to their country of origin or to another non-EU country. Although a country might be considered safe as a whole, it might still prove hostile to members of the LGBTI community, which would prevent Member States from being able to send them there. However, more could still be done to better meet the needs of LGBTI asylum applicants. EU legislation requires Member States to set up national independent mechanisms to ensure compliance with LGBTI asylum applicants' fundamental rights. Organisations such as the European Union Agency for Fundamental Rights have also come up with guidance, such as additional training for staff.

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Briefing - Understanding crime statistics - 11-04-2025

Thu, 10 Apr 2025 22:00:00 GMT

Crime statistics are used to show crime levels and trends and to inform national policies to protect citizens and society. It is thus important that they are as accurate as possible, which is a challenge to both those who record the occurrences of crime and those who subsequently compile and use the resulting statistics. However, it is accepted among experts that complete accuracy or the measurement of the full extent of crime may never be achieved. To have a clear picture of the levels of crime, both over time and between countries, crime needs to be recorded in accordance with an accepted system of categorisation and in a uniform manner. The production of statistics nationally and trans-nationally is constantly changing and adapting its methods to achieve this goal. The International Classification of Crime for Statistical Purposes is an important step in this direction. The accurate reporting and recording of crime is the foundation on which statistics are built. However, countries differ in when and how they do this, which can especially impact the comparability of statistics between countries. Under-reporting of crime can also affect accuracy and minimise the severity of certain crimes. A decision not to report a crime can have personal or social reasons, and the most vulnerable victims often avoid interacting with law enforcement authorities. However, these limitations do not negate the value of crime statistics. Statistics are an important element of evidence-based policymaking, but their users need to be aware of their shortcomings in order to draw informed conclusions.

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Briefing - Demographic changes and labour migration within the EU - 11-04-2025

Thu, 10 Apr 2025 22:00:00 GMT

With EU citizens now living longer and healthier lives, the focus of EU policy has shifted from ageing to longevity. This demographic change has significant social and economic repercussions, such as increased demand for housing, healthcare and social services. Public spending is also expected to increase. Demographic changes are exacerbating labour shortages across various sectors and skill levels, posing a threat to the EU's green and digital transitions, competitiveness and public services. This issue is particularly concerning in areas already struggling with a labour shortage, such as healthcare. Attracting trained foreign workers is one solution to these issues, but EU countries must balance the need for recruiting such individuals with the challenge of controlling irregular migration flows. In response to the above shifts, the EU has started including demographic concerns into the creation of relevant EU policies. Specific EU initiatives to support Member States in dealing with demographic change include the talent mobility package, which complements the skills and talent package and the New Pact on Migration and Asylum. Despite migration being seen as a viable solution to demographic challenges, EU Member States continue to struggle between enforcing stricter migration policies and using legal migration to fill labour shortages. While Member States will find it difficult to sustain their welfare, pension systems and productivity without attracting skilled workers from non-EU countries, it is recognised that migration by itself will not reverse the ongoing trend of population ageing across the EU.

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Fișe descriptive despre U.E. - Programul PEACE PLUS pentru Irlanda de Nord - 09-04-2025

Wed, 05 Jun 2019 22:00:00 GMT

Obiectivul programului PEACE PLUS al UE este de a sprijini pacea și reconcilierea și de a promova progresul economic și social și stabilitatea regională și cooperarea în Irlanda de Nord și în regiunea de frontieră a Irlandei.

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Briefing - Protecting children online: Selected EU, national and regional laws and initiatives - 07-04-2025

Sun, 06 Apr 2025 22:00:00 GMT

The internet has become an integral part of children's lives, offering a wide range of opportunities for learning, exploring, informing and interacting with others. However, this increased online presence also exposes children to numerous risks, including cyberbullying, fraudulent marketing practices, and sexual abuse and exploitation. The scale of these problems is alarming, with a significant proportion of children experiencing online harm every month. Furthermore, the rise of generative artificial intelligence is facilitating some risks, such as the creation and dissemination of convincing but false information. To address these challenges, the EU has implemented a range of laws and initiatives aimed at protecting children online, while enabling them to explore the digital space and fulfil their potential. These measures include regulations on digital services, audiovisual media services, data protection, and practical tools such as helplines and hotlines to report harmful or illegal content online. In addition, the EU has introduced a digital identity framework, which aims to offer a secure and reliable way to verify age, to prevent children from accessing age-inappropriate content. National and regional governments are also taking steps to protect children online, with many countries introducing age limits and age verification systems. Some countries or regions have banned smartphones in schools, while others are promoting awareness-raising campaigns and educational programmes to teach children and parents about online safety. Civil society organisations and international bodies are also promoting child online safety, through initiatives such as research, awareness-raising campaigns, and support services.

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Briefing - Child-friendly justice - 24-03-2025

Sun, 23 Mar 2025 23:00:00 GMT

Every child has rights and deserves protection. It is estimated that around 2.5 million children in the European Union come into contact with the justice system every year. This can be a very stressful and even harmful experience for a child, who may participate in criminal proceedings as either a victim, a witness or a perpetrator. Children can also be parties to civil proceedings such as divorce, custody or adoption procedures, as well as administrative procedures, for example those related to nationality or migration. Because of children's especially vulnerable position, the EU and international organisations such as the United Nations and the Council of Europe are pushing to develop justice systems that are child friendly. Child-friendly justice systems guarantee respect for and implementation of children's rights to the highest possible degree and take account of the maturity of the child and the circumstances of the case. Since the roles children can play in such proceedings and the nature of the proceedings themselves can vary, children may face different issues. However, some rights and needs are universal. For example, children need to be respected and protected. They also have a right to be heard, either directly or through a representative; to be informed and communicated with in a language that they understand; and to receive a speedy response. The Barnahus model is an example of good practice for dealing with children in the justice system, especially child victims, as it provides the child with a coordinated and effective response. Legislation and policy in the EU has addressed the issue, and more work is underway. For example, the work on the recast of the Victims' Rights Directive may provide even more rights to child victims.

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Analiză aprofundată - Briefing for the FEMM delegation to UN CSW 69 (17 – 21 March 2025) - 23-03-2025

Tue, 22 Apr 2025 22:00:00 GMT

This briefing contains background materials for the FEMM Committee mission to the sixty-ninth session of the United Nations Commission on the Status of Women, which focuses on the review and appraisal of the implementation of the Beijing Declaration and Platform for Action and the outcomes of the 23rd special session of the General Assembly. The briefing has been prepared by the European �Ϸ��վ’s Policy Department for Citizens, Equality and Culture at the request of the FEMM Committee.

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Briefing - A common system for the return of third-country nationals staying illegally in the European Union - 17-03-2025

Sun, 16 Mar 2025 23:00:00 GMT

According to Directive 2008/115/EC, third-country nationals staying illegally on the territory of a European Union (EU) Member State should, as a general rule, be issued a return decision obliging them to leave the EU. However, available data suggest that, among those who receive such a decision, only about a quarter actually leave the EU. The limited effectiveness of the return policy is due to several challenges that the EU and Member States face when carrying out return procedures, including difficulties related to implementation at national level. To increase the effectiveness of the EU return policy, the European Commission announced in its 2025 work programme that it would develop a new common approach to returns, including a new legislative proposal on the subject.

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Studiu - Commission proposal for a revised Facilitation Directive: Targeted substitute impact assessment - 05-03-2025

Tue, 04 Mar 2025 23:00:00 GMT

This study constitutes a targeted substitute impact assessment of the Commission’s proposal for a revised Facilitation Directive (COM(2023) 755), presented on 28 November 2023 as part of a package to address migrant smuggling. It provides a critical review of the existing legal and policy framework at EU level and its shortcomings regarding transposition and implementation. It also undertakes a critical and thorough appraisal of the proposed objectives and measures in terms of coherence, effectiveness and efficiency, including with a view to assessing the adequacy of the interplay between this proposal and the related draft Regulation on enhancing police cooperation (COM(2023) 754). It highlights the misalignment of the proposal with relevant international and key EU law standards. It raises concerns about definitional issues, the lack of sufficient human rights safeguards, and the absence of a clear distinction between facilitation offences and the legitimate provision of services and humanitarian assistance. The study also examines the legality and proportionality of the proposed measures and stresses the need for a thorough evaluation of wider impacts on civic space and democracy at large.

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Briefing - Surrogacy: The legal situation in the EU - 27-02-2025

Thu, 27 Feb 2025 13:31:10 GMT

This analysis sets out the legal situation in the EU regarding surrogacy. A distinction can be drawn between traditional and gestational surrogacy, depending on the genetic connection of the surrogate to the child. A further distinction is made between altruistic and commercial surrogacy, depending on whether the surrogate receives remuneration. Among the Member States, Ireland, Greece, Cyprus and Portugal have introduced legislation permitting altruistic surrogacy, but for some of these the legislation has not yet entered into force or further regulations are still missing. The approaches taken by these Member States as to the conditions applying to the surrogate and the intended parents can be quite different. Many other Member States have banned surrogacy. Some of these bans explicitly prohibit the procedure, whereas others have regulated assisted reproduction in such a way that surrogacy is implicitly prohibited. Since 2014, the European Court of Human Rights has issued many judgments concerning surrogacy, especially concerning parenthood established abroad. This case law requires that, if the parenthood resulting from surrogacy established abroad is not recognised, the state has to provide for a means to regularise the 'limping' legal relationship. In 2022, the European Commission made a proposal for regulation on private international law rules relating to parenthood, which would also apply to surrogacy established in a Member State. Discussions in the Council are still ongoing as to how this issue should be dealt with. The 2024 directive on preventing and combating trafficking in human beings and protecting its victims explicitly identified, for the first time, the exploitation of surrogacy as a form of human trafficking.

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Pe scurt - Algorithmic discrimination under the AI Act and the GDPR - 26-02-2025

Wed, 26 Feb 2025 10:23:03 GMT

After the entry into force of the Artificial Intelligence (AI) Act in August 2024, an open question is its interplay with the General Data Protection Regulation (GDPR). The AI Act aims to promote human-centric, trustworthy and sustainable AI, while respecting individuals' fundamental rights and freedoms, including their right to the protection of personal data. One of the AI Act's main objectives is to mitigate discrimination and bias in the development, deployment and use of 'high-risk AI systems'. To achieve this, the act allows 'special categories of personal data' to be processed, based on a set of conditions (e.g. privacy-preserving measures) designed to identify and to avoid discrimination that might occur when using such new technology. The GDPR, however, seems more restrictive in that respect. The legal uncertainty this creates might need to be addressed through legislative reform or further guidance.

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Briefing - Violence and organised crime in the EU - 26-02-2025

Tue, 25 Feb 2025 23:00:00 GMT

The use of violence by criminals involved in organised crime is increasing in the European Union (EU), in terms of frequency, severity, visibility and impact. Most violence is concentrated in and around major transit points and transportation hubs used for smuggling goods, particularly drugs. At the same time, firearms are a key enabler of the increasing violence perpetrated by organised crime groups. Increased competition between rival criminal groups has led to a spillover of violence onto the streets, endangering and sometimes even harming innocent bystanders. This increases the threat to and impact on citizens' lives and society as whole. A particularly worrying phenomenon is the recruitment of minors into serious and organised crime and terrorism. Minors are increasingly used by criminal networks as a tactic to avoid detection, capture or prosecution. Even though Europe is still one of the continents least affected by organised crime, criminal networks are expected to increase their global reach, become more fluid and digitalised, and thus more open to diversity and competition. This may, in turn, lead to even more organised crime-related violence. The EU recognises the severity of the problem and the need for coordinated action to tackle this growing threat to security and prosperity. It has already initiated several measures to encourage closer cooperation between Member States and with international partners, as well as having adopted common legal, judicial and investigative frameworks to address organised crime in general and the related violence in particular.

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Briefing - Acquisition and loss of citizenship in EU Member States: Overview and key issues - 24-02-2025

Mon, 24 Feb 2025 10:09:37 GMT

Access to citizenship status is an important prerequisite for enjoying rights and privileges, such as migration and political rights, as well as for developing a sense of identity and belonging. Since the establishment of Union citizenship, all persons who are nationals or citizens of an EU Member State enjoy the status of EU citizenship, which confers on them a number of additional rights and privileges. However, Member States retain full control over whom they recognise as citizens. Although the legal rules on the acquisition and loss of citizenship in the EU Member States remain divergent, one can identify a number of common key trends and issues. The need to integrate long-term immigrants has pushed EU countries to amend their citizenship laws. This has often resulted in making citizenship both more liberal (lowering residence requirements and tolerating dual citizenship) and more restrictive (introducing integration clauses and citizenship tests). Security concerns related to terrorist activities and the war in Ukraine have also triggered changes to Member States' citizenship laws, specifically regarding the conditions for revoking citizenship. Concerns about immigrants' integration, allegiance and belonging, as well as about the cultural and economic consequences of regional integration and globalisation, are at the heart of recent debates about citizenship in Europe. Moreover, in the EU, the issue of access to citizenship is no longer a matter that concerns Member States alone. The bundling of national and EU citizenship means that Member States have a certain responsibility towards each other when making decisions over who to accept (or reject) as a citizen. This is an update of a briefing published in July 2018.

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Briefing - Planned revision of the EU Return Directive - 20-02-2025

Thu, 20 Feb 2025 09:46:51 GMT

According to Directive 2008/115/EC (the Return Directive, RD), third-country nationals (TCNs) staying illegally on the territory of a Member State should, as a general rule, be issued a return decision obliging them to leave the EU. However, available data suggest that among those who receive such a decision, only about a quarter actually leave the EU (see Figure 1). Data on irregular migration, as well as returns statistics, should be used carefully, as they are often incomplete, inconsistent and insufficient. For example, statistics on return decisions may contain duplicates, whereas data on certain voluntary returns are not collected systematically. In 2018, the European Commission proposed a targeted revision of the RD aimed at updating the rules and streamlining procedures across Member States. As progress on the proposal stalled, the Commission sought to improve return rates through enhanced operational cooperation (e.g. an operational strategy on returns and a recommendation on mutual recognition of return decisions). The pact on migration and asylum, adopted in May 2024, introduced several changes on return. These include a new return border procedure applicable to TCNs rejected in the asylum border application, and the obligation for Member States to issue a common or joint decision for the rejection of an asylum claim and return. In her political guidelines for 2024-2029, the President of the European Commission, Ursula von der Leyen, announced her intention to develop a new common approach on returns, which would include a new legislative proposal on return. �Ϸ��վ has reiterated the need to improve the effectiveness of the EU's return policy, highlighting also the need to reconcile the sustainability of returns and respect for fundamental rights.

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Briefing - Displaced Ukrainians: Challenges and outlook for integration in the EU - 19-02-2025

Wed, 19 Feb 2025 14:27:09 GMT

Russia's invasion of Ukraine on 24 February 2022 forced millions of people to flee Ukraine. To date, approximately 6.8°million people have had to seek refuge, mostly in the EU and its neighbourhood. The EU responded rapidly in March 2022, activating the Temporary Protection Directive (TPD) for the first time ever. The TPD's emergency mechanism offers swift protection and rights to those in need who arrive in large numbers, preventing Member States' asylum systems from becoming overwhelmed. Rights under the TPD include access to a residence permit, employment, housing, medical and social welfare assistance, and education for children and adolescents. For those fleeing Ukraine, these rights also include travel within the EU, and to and from Ukraine. Currently, the largest number of beneficiaries of temporary protection from Ukraine reside in Germany, Poland and Czechia. Among them are nearly 1.3 million children, with 50 % still awaiting enrolment in their host countries' education systems. Many pupils attend online classes delivered from Ukraine, as parents prefer to keep ties with their home country. The EU and its Member States have made efforts and funds available to support the integration of displaced people from Ukraine in terms of employment, housing, education and healthcare. Research indicates that Ukrainian refugees have a high employment rate in host countries, reflecting the circular mobility pattern observed among Ukrainians prior to 2022, when they were the largest non-EU workforce within the EU. However, with no end to the war in sight, the situation of Ukrainian refugees remains uncertain. There is currently no EU-level strategy regarding the status of refugees from Ukraine beyond the extension of temporary protection until March 2026. By April 2024, an estimated 1.2 million Ukrainians had already returned to their country despite the war. While most only go for brief visits to see family or tend to their properties, some intend to return permanently. Both the EU and Ukrainian policymakers face questions about the potential scale of and reasons for returns, as they seek to adapt and prepare their policies.

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Pe scurt - Children and generative AI - 18-02-2025

Tue, 18 Feb 2025 09:45:05 GMT

Children are intensive users of digital tools such as artificial intelligence (AI). Generative AI – AI that can create new content such as text, images, videos and music – is becoming increasingly sophisticated, making it difficult to distinguish user-generated content from AI-generated (synthetic) content. If not supervised properly, these tools might carry risks for children, whose cognitive capacities are still developing. The need to strengthen generative AI literacy for children, educators and parents is therefore growing increasingly important, along with greater efforts by industry and enhanced implementation of AI legislation, including monitoring indicators.

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Pe scurt - Fact-checking and content moderation - 17-02-2025

Sun, 16 Feb 2025 23:00:00 GMT

Fact-checking of content on online platforms has so far played an important role in protecting democracy, by verifying statements and making sure trustworthy sources are used. Many social media platforms use fact-checkers to help them enforce content moderation policies, with the aim of protecting their users from harm. The EU's Digital Services Act – a binding legal instrument – strengthens content moderation obligations for online platforms, while the voluntary EU Code of Practice on Disinformation encourages signatories to use fact-checking services consistently. However, some major platforms have recently challenged this approach.

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Briefing - Community sponsorship schemes under the new pact on migration and asylum: A common EU approach? - 13-02-2025

Wed, 12 Feb 2025 23:00:00 GMT

The number of people in the world who have been forcibly displaced inside or outside their home country has risen significantly in recent years, as reflected in the unprecedented numbers of refugees and irregular migrants arriving in the EU since 2015. This highlights an urgent need to ensure organised, legal and safe pathways to protect migrants who embark on dangerous journeys and attempt to enter countries of destination irregularly, or find themselves in protracted refugee situations. A potential solution is the community sponsorship scheme, understood as encompassing several different approaches for refugee admission to third countries other than countries of origin or transit. The concept includes a shared responsibility between civil society and the state when engaging in refugee admission efforts, by providing financial, emotional, social and/or settlement support to help newly arrived refugees integrate in a third country. Community sponsorship for integration is particularly important in the EU, where local and national governments, alongside civil society, have been pondering how best to support newcomers and ease integration and social cohesion. Since 2015, the concept has been piloted and launched in several EU countries, including through the active input of regions and cities. The pact on migration and asylum, which entered into force in June 2024, affirmed the EU's commitment to supporting national sponsorship schemes and expressed its desire to do more to promote an EU approach to community sponsorship, building on the experience of Member States.

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Briefing - Russia's war on Ukraine: Forcibly displaced Ukrainian children - 11-02-2025

Mon, 10 Feb 2025 23:00:00 GMT

The invasion of Ukraine enters its 4th year in 2025, resulting in further displacement. On 17 March 2023, the International Criminal Court (ICC) issued an arrest warrant for Russian President Vladimir Putin and Maria Alekseyevna Lvova-Belova, Russian Presidential Commissioner for Children's Rights. The pair are accused of the 'war crime of unlawful deportation of population (children) and that of unlawful transfer of population (children) from occupied areas of Ukraine to the Russian Federation'. According to the ICC, there are reasonable grounds to believe that President Putin 'committed the acts directly, jointly with others and/or through others', or that he failed to properly control 'civilian and military subordinates who committed the acts, or allowed for their commission, and who were under his effective authority and control, pursuant to superior responsibility'. Since the start of Russia's full-scale invasion of Ukraine, evidence has been collected about core international crimes committed against Ukrainian children. Multiple reports consider Russia to be in breach of the obligations set in several international treaties and instruments to which Russia is party, and of customary international law. It is well documented that, since the start of the invasion, certain categories of individuals, including women and children, have been disproportionately affected by the conflict. International organisations, institutional actors and civil society organisations have repeatedly warned about the great burden on children, including but not limited to trafficking, sexual exploitation, abduction and illegal adoption. Beyond the strictly legal consequences of the arrest warrant, some commentators argue that the arrest warrant against Putin may help to undermine the Russian leader's war efforts, as the international community universally sees the abduction of children as unacceptable. No matter what the geopolitical arguments are, removing children from their families or from care facilities and forcibly transferring them is universally considered a reprehensible act of violence. This is an update of a 2023 publication written by Micaela Del Monte with Nefeli Barlaoura.

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Briefing - Understanding EU counter-terrorism policy - 05-02-2025

Tue, 04 Feb 2025 23:00:00 GMT

Faced with a persistent terrorist threat, the European Union (EU) is playing an increasingly ambitious role in counter-terrorism. While primary responsibility for combating crime and ensuring security lies with the Member States, the EU provides cooperation, coordination and (to some extent) harmonisation, as well as financial support, to address this borderless phenomenon. Moreover, awareness of the connection between development and stability, as well as between internal and external security, has come to shape EU action beyond Union borders. EU spending on counter-terrorism has increased over the years, to allow for better cooperation between national law enforcement authorities and enhanced support by the EU bodies in charge of security and justice, such as Europol, eu-LISA and Eurojust. The many new rules and instruments that have been adopted in recent years focus, among other things, on harmonising definitions of terrorist offences and sanctions, sharing information and data, protecting borders, countering terrorist financing and regulating firearms. However, implementing and evaluating the various measures is a challenging task. �Ϸ��վ has played an active role not only in shaping legislation, but also in evaluating existing tools and gaps through the work accomplished by its Special Committee on Terrorism (TERR) in 2018. In line with the �Ϸ��վ's recommendations, as well as the priorities set by the European Commission and its counter-terrorism agenda presented in December 2020, EU counter-terrorism action has focused on doing more to anticipate threats, counter radicalisation, and reduce vulnerabilities by making critical infrastructures more resilient and improving the protection of public spaces. The EU will also continue to address the online dimension of various forms of extremism, in line with the regulations on dissemination of terrorist content online and on the provision of digital services in the EU. This briefing updates an earlier one, entitled Understanding EU counter-terrorism policy, published in 2023.

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Briefing - Hate speech and hate crime targeting LGBTI people - 28-01-2025

Mon, 27 Jan 2025 23:00:00 GMT

Hate speech and hate crime are incompatible with the European Union's common values and fundamental rights, as enshrined in the European Union (EU) Treaties and in the EU Charter of Fundamental Rights. EU law criminalises hate speech and hate crime, but only if it is related to a limited set of characteristics, namely: race, colour, religion, descent or national or ethnic origin. Legislative developments, case-law and policy initiatives have helped to create more equal and welcoming societies – including for lesbian, gay, bisexual, trans, non-binary, intersex and queer people – in recent years. Nevertheless, there has also been a significant increase in hate-motivated harassment targeting LGBTI people, as well as more frequent physical and sexual attacks, particularly affecting trans-, non-binary, gender-diverse and intersex people. In the absence of EU legislation, the vast majority of Member States criminalise hate speech on grounds of sexual orientation, and many also do so on grounds of gender identity. Most Member States also consider an offence committed because of the victim's sexual orientation as a hate crime, treating this aspect either as an offence in itself or the motive as an aggravating factor. Sixteen Member States consider an offence committed because of the victim's gender identity to be a hate crime. However, only eight Member States consider sex characteristics to be grounds for either hate speech or hate crime. This means that only six EU Member States fully cover sexual orientation, gender identity and expression, and sex characteristics in their legislation on hate-speech and hate-crime. By contrast, three Member States do not consider any of the grounds of sexual orientation, gender identity and expression, or sex characteristics to be protected grounds when it comes to hate speech or hate crime.

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Briefing - Implementation of the EU pact on migration and asylum - 27-01-2025

Mon, 27 Jan 2025 14:26:43 GMT

Over the past decade, the EU's asylum and migration systems have been severely tested by several major events, including the 2015-2016 migrant crisis, the COVID-19 pandemic and recent tensions at the EU's eastern border. To address these challenges, in 2020 the European Commission proposed a pact on migration and asylum, a comprehensive legislative framework designed to streamline and harmonise the reception of asylum seekers in the EU. The pact was adopted by the European �Ϸ��վ and the Council in December 2023 and published in May 2024. This landmark agreement, heralding significant reforms, consists of 10 legislative acts that bring together policies on migration, asylum, integration, and border management. Its core objectives are to foster greater responsibility sharing, solidarity and effective border management among the EU Member States. To facilitate the pact's rollout, the Commission has developed a common implementation plan categorising the various obligations stemming from the pact into 10 distinct building blocks. The plan also identifies key milestones on the way to establishing the necessary legal and operational frameworks that would allow Member States to start applying the pact by mid-2026. Despite the adoption of the 10 legislative acts, support for them is not homogeneous across the Member States. Additionally, there is pressure for further changes, and the migration debate has been increasingly politicised. Experts and stakeholders have highlighted key challenges and potential scenarios for the implementation of the pact and raised doubts as to whether the new rules will be able to tackle the complexities of migration while also protecting fundamental rights.

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Briefing - Measuring irregular migration and returns in the EU - 22-01-2025

Tue, 21 Jan 2025 23:00:00 GMT

Irregular migration is hard to define and to measure. Several EU datasets provide indications of a range of aspects of irregular migration, such as attempted irregular crossings of EU external borders, detected irregular stays, loss of regular status and removals of irregular migrants. However, these datasets are often incomplete, inconsistent, and insufficient to capture the complex issues of irregular migration and return. Despite its shortcomings, data on irregular migration is highly consequential for EU policy making and contributes to the ongoing politicisation of migration in the EU. For example, the widely shared figures showing increasing numbers of people crossing into the EU irregularly, and scores of irregular migrants unwilling or unable to return to their country of origin, fuel a narrative of a long-standing migration crisis in the EU. Such figures also trigger renewed efforts to reinforce EU measures seeking to deter, criminalise, and return irregular migrants. By identifying relevant EU datasets on irregular migration and return and discussing key gaps and limitations, it can be concluded that the available data provide only a partial and sometimes misleading picture of irregular migration in the EU. New official data sources, expected to be available in the future, may alleviate some of the existing issues. However, these need to be complemented with additional indicators and approaches that focus on other important dimensions of migration and return policies, such as compliance with fundamental rights, efficiency, and policy coherence.

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Briefing - The gender dimension of asylum claims - 22-01-2025

Tue, 21 Jan 2025 23:00:00 GMT

In recent years, the European Union has faced a significant number of asylum applications, with over 513 000 applications received in the first half of 2024 alone. Women and girls make up a substantial proportion of asylum seekers, with one in three asylum-seekers being female. In international law, the 1951 Geneva Refugee Convention is the main instrument regulating asylum. The Convention on the Elimination of All Forms of Discrimination against Women and the Istanbul Convention provide a framework for protecting the rights of women who seek protection. The EU has developed a common European asylum system that has gradually incorporated gender-sensitive elements in legal texts such as the Qualification Directive, the Asylum Procedures Directive and the Reception Conditions Directive. These directives offer special protection to vulnerable individuals, including women and children. The Court of Justice of the European Union (CJEU) has played a crucial role in advancing a gender-sensitive approach in EU asylum law, acknowledging the specific experiences and circumstances of women and other vulnerable individuals seeking protection in the EU. The CJEU has recognised gender-based violence as a form of persecution and grounds for asylum or subsidiary protection. It has also acknowledged the importance of considering the individual circumstances and experiences of asylum seekers, particularly women and girls, who may face persecution or harm owing to their adherence to certain values or lifestyles. This aligns with a more gender-sensitive approach in EU asylum law and policy in recent years. Nevertheless continued progress is needed to address the human rights challenges faced by women and girls in asylum procedures.

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