European Commission: Home Affairs

Asylum seekers in the EU must have the opportunity to adequately present their claim for international protection. As the majority of asylum seekers do not have the means to support themselves, EU law states that, while waiting for a decision on their claim, they must be provided with basic necessities, such as accommodation, housing and clothing. The Directive on reception conditions for asylum-seekers (2003/9/EC) ensures appropriate and comparable reception conditions throughout the Union and thus discourages applicants moving from one EU State to another in the hope of receiving more generous treatment.

Rights of the asylum applicants

The Directive specifies that applicants must be informed of their rights and the benefits they may claim, as well as the obligations with which they must comply. It outlines what should be provided upon arrival — such as accommodation, food and clothing. It also addresses issues like freedom of movement (as a rule, EU States must allow applicants freedom of movement within their territory), family unity, access under certain conditions to the labour market and to vocational training, provision of medical and psychological care and the right of access to the education system for children.

Special rules apply to persons with special needs (minors, disabled people, the elderly and victims of discrimination or exploitation). In all cases, applicants must have the opportunity to communicate with legal advisers, non-governmental organisations and the United Nations High Commissioner for Refugees (UNHCR).

The Directive lays down minimum standards but EU States are free to provide new arrivals with more comfortable conditions or to apply the same conditions as those applied to applicants for other forms of protection not provided for by the Geneva Convention.

Improving current legislation

According to the evaluation report presented in 2007, the wide discretion allowed by the Directive in a number of areas undermined the objective of creating a level playing field in the area of reception conditions. To address those deficiencies, as well as those identified during the consultation process that followed a Green Paper on the future of the Common European Asylum System, the Commission presented, in December 2008, a proposal amending Directive 2003/9/EC.

The proposal sought to:

• extend the scope of the Directive’s application to include those applying for subsidiary protection
• limit the time restrictions for accessing the labour market
• guarantee an adequate level of material reception conditions
• ensure that detention is used only in exceptional cases and in connection with certain procedural guarantees
• ensure that mechanisms are established in order to immediately identify special needs and provide the necessary support.

The Commission proposal is now being discussed within the European Parliament and the Council. To help the negotiations, the Commission presented a modified proposal for the Directive in June 2011.