May 2004 deadline for establishing a common asylum policy: a “huge challenge”

Member States will once again try to iron out their differences on the draft directives on procedures for granting refugee status and the definition of refugees during the Justice and Home Affairs Council on 19 February 2004. Ministers are under pressure to establish a common asylum policy by May 2004 to comply with a deadline set by the Amsterdam treaty. Irish EU Presidency Ambassador, Anne Anderson admitted that meeting this deadline "will be a huge challenge".

During this JHA Council, the debate on the draft directive on procedures for granting refugee status will focus on the question of appeals. The Irish Presidency is pushing to get an agreement that all asylum-seekers whose initial application is rejected have a right to appeal, even if they come from a country listed as a 'safe country of origin'. Ministers will also discuss whether Member States can remove an applicant before a court or tribunal has made a decision on the appeal.

Other major outstanding issues regarding this directive relate to its scope, the right to legal assistance and representation and the provisions relating to 'safe third countries' and 'safe countries of origin'(see

EURACTIV, 28 November 2003). They will be dealt with during a forthcoming JHA Council.

Member States are closer to agree on the 'Qualifications' draft directive which defines what rights people recognised as refugees or persons in need of international protection should be granted in terms of access to employment, social welfare and health care. The last remaining obstacle is Germany which refuses to endorse the text because of a possible clash with a national immigration law currently being drafted. EU sources told EURACTIV that Germany does not want to provide more rights at European level than what is going to be available under its national law.