In accordance with the Dublin Regulation, Member States have to assess, on the basis of objective and hierarchical criteria, which Member State is responsible for examining an asylum application lodged on their territory.
The Directive defines certain key terms such as Geneva Convention, applicant for asylum, family members, unaccompanied minor, reception conditions, detention. The directive will in principle apply only to applicants for asylum. But the competent authorities will presume that all applications for international protection are applications for asylum unless the applicant explicitly requests another form of protection.
The aim of the Directive is to establish common rules of Community law relating to the right to family reunification of third country nationals residing lawfully on the territory of the Member States. At the moment this right is recognised only by international legal instruments, in particular the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. At national level the situation is very patchy. Family reunification protects the family and makes it easier to integrate nationals of non-member countries in the Member States. It should thus be a recognised right throughout the Union.
In the 1990s, the European Union witnessed an increased occurrence of mass influxes of displaced persons who cannot return to their country of origin. To respond to this development and avoid serious disruption to their asylum systems, most Member States established exceptional temporary protection schemes. The reasoning behind the need to have minimum standards at EU level on this issue is twofold. First, it would provide solidarity and burden sharing among Member States for receiving large number of people at one time. And second, it would reduce disparities between the policies of Member States on the reception and treatment of displaced persons. Legal basis for temporary protection is art.63.2.a & b TEC.
The European Parliament has adopted during its Plenary Session in Strasbourg, on Thursday May 7th, a package of measures concerning the EU asylum system works.
French President Nicolas Sarkozy has been calling for a European ‘Pact on Immigration and Asylum’ ever since his election campaign in spring 2007. Indeed, migration was a priority of the French EU Presidency.
The proposed pact seeks to integrate and complement the efforts made by the EU institutions to shape a common European approach to both legal and illegal migration.
After consultations with its members, the European Platform for Migrant Workers’ Rights (EPMWR) decided to produced a first set of national reports, covering the rights of migrant workers in four EU Member States : Estonia, France, Ireland and the United Kingdom.
The main aim of this publication is to assess the emerging Common European Migration Policy, with a special emphasis on labour migration and integration, both in terms of policies and legislation as well with respect to their actual implementation.
This document is an analysis of the Return Directive and of what it represents. The AEDH focuses on the numerous and inadmissible disadvantages of this directive.
The study is only available in French.
From 1st to 3rd April 2008, the delegation of the European Parliament is visiting the detention centres of Lesznowola and Biala Podlaska, in Poland, in order to analyse the conditions that people who are present in these centres receive.