Asylum

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, where there are no internal borders and countries share the same fundamental values, States need to work together to find common solutions that 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 by 2012.

Establishing the Common European Asylum System (CEAS) – The first phase

Between 1999 and 2005, several legislative measures harmonising common minimum standards for asylum were adopted, the four most important ones being:

• Directive on reception conditions for asylum-seekers
• Directive on qualifications for becoming a refugee or a beneficiary of subsidiary protection status
• Directive on Asylum Procedures
• The 'Dublin' Regulation, which determines which EU State is responsible for examining an asylum application.

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.

Three pillars

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:

1. Bringing more harmonisation to standards of protection by further aligning the EU States' asylum legislation. This requires amendments to the three most important EU asylum directives: dealing with reception conditions for asylum seekers, asylum procedures and standards for qualification as refugees or persons needing international protection (already adopted).
2. Effective and well-supported practical cooperation. The European Asylum Support Office will progressively bring all activities related to practical cooperation on asylum under its roof, notably in relation to a common approach to Country of Origin Information and to the common European Asylum Curriculum. It will also manage the Asylum Support Teams deployed to EU States in need of support.
3. Increased solidarity and sense of responsibility among EU States, and between the EU and non-EU countries. It is necessary to improve the "Dublin" system (including Eurodac) and establish solidarity mechanisms so that adequate support, with strengthened impact, can be offered to EU States whose asylum systems are under pressure. Under this pillar, collaboration between the EU and non-EU countries will be intensified, for example through Regional Protection Programmes and Resettlement.

This approach has been substantiated at the highest political level – the European Council – with the Pact on Immigration and Asylum of 2008 and the Stockholm Programme of 2009. A Commission Action Plan in 2008 listed the specific measures the Commission would take until 2014 so as to implement commitments made under the Stockholm Programme.