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EU pushing for common rules on asylum seekers

Published 23 October 2009
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Asylum
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All EU member states should be required to process applications for asylum within six months, the European Commission said on Wednesday (21 October), proposing further harmonisation of rules on refugee treatment.

The European Commission said its proposals gave clear guidance for deciding on asylum applications and what procedures to follow to avoid unequal treatment across the 27 EU countries.

Asylum and immigration are highly sensitive issues in many EU countries, notably in Italy and Greece, where authorities say they cannot cope with the hundreds of thousands of people arriving as potential illegal migrants, often on creaky boats.

The Commission's proposals will be scrutinised and possibly amended by national governments and the European Parliament before becoming law. It is expected that negotiations in the Council and the Parliament will take approximately two years.

The legislation would give EU countries three years to conform to a requirement to examine asylum applications within six months.

It would also force authorities to clearly present to people their rights when arriving in the country in which they are seeking asylum, including migrants trying to enter the EU by boat from Africa.

Human rights groups said the proposals did not guarantee fair examination of claims. The legislation would continue to allow states to deny proper asylum procedures to people who had transited from a country deemed safe, the groups said.

Rights groups and some politicians have criticised Italy for automatically sending boats of migrants to Libya without checking whether they may have a rightful claim to asylum.

Italy and Greece complain they carry a disproportionally heavy burden of this often-illegal migration and that other EU countries are not doing enough to help them.

The proposal will also eliminate the differences between the rights of refugees and beneficiaries of subsidiary protection. It will rationalise procedures and reduce administrative costs associated with maintaining two protection statuses.

Moreover, the European Commission proposed the establishment of a European Asylum Support Office. This operational agency will support exchanges of good practices and help to coordinate cooperation on asylum between member states.

(EurActiv with Reuters.) 

Positions: 

"Asylum seekers should have the same chance of being accepted and rejected in all EU countries," said Jacques BarrotEuropean Commission Vice-President in charge of justice, freedom and security. "Those people who arrive on boats will be given information about their rights," he added.

Following the forced return by France of three Afghan irregular migrants to Kabul on Tuesday night (20 October), Barrot reiterated the three conditions imposed by EU rules before expulsions: the right to ask for international protection; the rejection of the request after a strict evaluation procedure; the certainty that the lives of the returned migrants are not in danger once they are back in Afghanistan.

"Slamming the door on refugees without any consideration of their individual protection needs puts in danger their lives," said Bjarte Vandvik, chief of the European Council on Refugees and Exiles (ECRE). The alliance of 69 refugee-assisting organisations deplored that the proposal allows member states to deny people access to the asylum procedure on the assumption that they could have found protection in another country through which they transited before coming to the EU. 

Background: 

At a meeting in Tampere (Finland) in 1999, EU heads of state and government decided that asylum is an issue best tackled at EU level. This principle was reaffirmed in the European Pact on Immigration and Asylum adopted by the European Council in October 2008 (see EurActiv LinksDossier).

During the first phase of the establishment of the Common European Asylum System (1999-2005), two important legislative measures harmonising common minimum standards in the area of asylum were adopted:

However, disparities in asylum procedures across the EU remain and the chance of being granted international protection varies according to the member state in which an asylum application is lodged.

According to the United Nations Refugee Agency (UNHCR), some EU countries accepted over 80% of Iraqi asylum claims in 2008 at first instance, while others took in almost none.

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