Ensuring a decent standard of living for asylum-seekers in the European Union

In April 2001, the European Commission tabled a proposal for a Council directive laying down minimum standards on the reception of asylum applicants in Member States. This proposal was based on Council conclusions on the reception of asylum-seekers, approved in December 2000, results of a study on the present situation in Member States carried out for the Commission , and on bilateral consultations the Commission had with each Member State of the Union, international and non-governmental organisations It required Member States to ensure a dignified standard of living to all asylum-seekers, paying specific attention to the situation of applicants with special needs or who are detained. The Council adopted the Directive on 27 January 2003 (Directive 2003/9/EC).

"This page of the Sub-Section related to the European Asylum policy gives a general presentation in two parts: Part I covers the latest developments which occurred within the recent years. Part II gives a general view of the accomplishments and the acquis at European level of the matter concerned."

I) Latest developments (under The Hague Programme – 5 November 2004)

The deadline for transposition of Directive 2009/9/EC in national law was 6 February 2005.

The Commission is currently evaluating the implementation of the Directive in each Member State.

II) General context

Why are rules on minimum standards on the reception of asylum applicants needed? There are two main reasons. First, it is necessary that applicants for asylum be ensured a dignified standard of living in all the European Union as applicants do not have the right to choose the Member State that will examine their application (due to the application of the Dublin Regulation). Second, adopting minimum standards also limits movements of applicants for asylum from one Member State to another (secondary movements) solely based on differences in reception conditions.

The Directive deals in particular with the issues of information, documentation, freedom of movement, healthcare, accommodation, schooling of minors, access to the labour market and to vocational training. In addition, special rules are laid down for persons with special needs, minors, unaccompanied children and victims of torture. Rules are also laid down to improve the efficiency of the reception systems in the Member States.

Setting minimum standards for the reception of asylum applicants was set as a priority for establishing a common European asylum system by the EU Heads of State or Government at the European Council in Tampere (Finland) in October 1999. The Treaty establishing the European Community (Article 63.1.b) specifically requested the Council to adopt minimum standards on the reception of asylum-seekers in Member States.

According to the Directive adopted, destitute asylum seekers who are allowed to stay in the country to wait for the outcome of the procedure are entitled to a reception, which includes housing, food, clothing and an allowance for the daily expenses. Asylum seekers will be entitled to proper health care, information and documentation, schooling for minors and, in limited number of cases, to access to labour market. The standards laid down in the Directive are minimum and Member States may always provide for more favourable provisions.

Member States had until 6 February 2005 to transpose the provisions of the Directive into their national law.