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Common European Asylum System

Asylum is granted to people fleeing persecution or serious harm in their own country and therefore in need of international protection. Asylum is a fundamental right; granting it is an international obligation, first recognised in the 1951 Geneva Convention on the protection of refugees . In the EU, an area of open borders and freedom of movement, countries share the same fundamental values and States need to have a joint approach to guarantee high standards of protection for refugees. Procedures must at the same time be fair and effective throughout the EU and impervious to abuse. With this in mind, the EU States have committed to establishing a Common European Asylum System.

Asylum flows are not constant, nor are they evenly distributed across the EU. They have, for example, varied from a peak of 425 000 applications for EU-27 States in 2001 down to under 200 000 in 2006. In 2012, there were 335,895.

Asylum must not be a lottery. EU Member States have a shared responsibility to welcome asylum seekers in a dignified manner, ensuring they are treated fairly and that their case is examined to uniform standards so that, no matter where an applicant applies, the outcome will be similar.

The EU as an area of protection

Since 1999, the EU has been working to create a Common European Asylum System (CEAS) and improve the current legislative framework.

Between 1999 and 2005, several legislative measures harmonising common minimum standards for asylum were adopted. Also important was the strengthening of financial solidarity with the creation of the European Refugee Fund. And in 2001, the Temporary Protection Directive allowed for a common EU response to a mass influx of displaced persons unable to return to their country of origin. The Family Reunification Directive also applies to refugees.

After the completion of the first phase, a period of reflection was necessary to determine the direction in which the CEAS should develop. A 2007 Green Paper was the basis for a large public consultation. The responses, together with the results of an evaluation of how existing instruments were implemented, were the basis for the European Commission’s Policy Plan on Asylum , presented in June 2008. As stated in the Policy Plan, three pillars underpin the development of the CEAS: bringing more harmonisation to standards of protection by further aligning the EU States' asylum legislation; effective and well-supported practical cooperation; increased solidarity and sense of responsibility among EU States, and between the EU and non-EU countries.

New EU rules have now been agreed, setting out common high standards and stronger co-operation to ensure that asylum seekers are treated equally in an open and fair system – wherever they apply. In short:

  • The revised Asylum Procedures Directive aims at fairer, quicker and better quality asylum decisions. Asylum seekers with special needs will receive the necessary support to explain their claim and in particular there will be greater protection of unaccompanied minors and victims of torture.
  • The revised Reception Conditions Directive ensures that there are humane material reception conditions (such as housing) for asylum seekers across the EU and that the fundamental rights of the concerned persons are fully respected. It also ensures that detention is only applied as a measure of last resort.
  • The revised Qualification Directive clarifies the grounds for granting international protection and therefore will make asylum decisions more robust. It will also improve the access to rights and integration measures for beneficiaries of international protection.
  • The revised Dublin Regulation enhances the protection of asylum seekers during the process of establishing the State responsible for examining the application, and clarifies the rules governing the relations between states. It creates a system to detect early problems in national asylum or reception systems, and address their root causes before they develop into fully fledged crises.
  • The revised EURODAC Regulation will allow law enforcement access to the EU database of the fingerprints of asylum seekers under strictly limited circumstances in order to prevent, detect or investigate the most serious crimes, such as murder, and terrorism.

Additional tools




Glossary

Temporary protection

A procedure of exceptional character to provide, in the event of a mass influx or imminent mass influx of displaced ...

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Subsidiary protection status

The recognition by an EU State of a non-EU national or a stateless person as a person eligible for subsidiary protection.

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Resettlement

The transfer of refugees from the country in which they have sought refuge to another State that has agreed to ...

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Regional Protection Programme

Designed to enhance the protection capacity of the regions involved - both regions of origin and transit - and to ...

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Refugee

A person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political ...

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Reception conditions

The full set of measures that EU States grant to asylum seekers in accordance with Directive 2003/9/EC.

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Protection

A concept that encompasses all activities aimed at obtaining full respect for the rights of the individual in ...

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Persecution

Human rights abuses or other serious harm, often, but not always, with a systematic or repetitive element.

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Mass influx of displaced persons

Arrival in the EU of a large number of displaced persons, who come from a specific country or geographical area...

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International protection

The actions by the international community on the basis of international law, aimed at protecting the fundamental ...

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Geneva Convention & Protocol

The United Nations Convention of 28 July 1951 relating to the status of refugees, as amended by the New York ...

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Family reunification

The entry into and residence in an EU State by family members of a non-EU national residing lawfully in that EU ...

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European Refugee Fund

A financial instrument for the period 2008 to 2013, which supports national and EU efforts in receiving refugees ...

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Eurodac

An informatics (IT) system, the purpose of which, via the collection, transmission and comparison of fingerprints ...

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Dublin Regulation

Lays down the criteria and mechanisms for determining the EU State responsible for examining an application for...

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Displaced person

Non-EU nationals or stateless persons who have had to leave their country or region of origin or have been ...

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Country of Origin Information

Information used by EU States' asylum authorities to analyse the socio-political situation in countries of origin of ...

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Country of origin

The country that is a source of migratory flows (regular or irregular).

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Common European Asylum System (CEAS)

The establishment of a common asylum procedure and a uniform status for those who are granted asylum or ...

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Asylum seeker

A non-EU national or a stateless person who has made an application for asylum in respect of which a final decision ...

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Asylum application

An application made by a non-EU national or a stateless person that can be understood as a request for international protection from an EU State, under the Geneva Convention. Any application for international protection is presumed to be an application for asylum unless a non-EU national or a stateless person explicitly requests another kind of protection that can be applied for separately.

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Asylum

A form of protection given by a State, on its territory, based on the principle of non-refoulement and internationally ...

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Acquis

The body of common rights and obligations that is binding on all EU States. (...)

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Multimedia


12/06/2013
A Common European Asylum System

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