Commission
proposes minimum standards of reception for those seeking asylum in the EU
The
European Commission today adopted a proposal for a Directive setting out
minimum standards on the reception of asylum applicants by EU Member States.
Under this proposal, all Member States would be obliged to to provide asylum
seekers with a minimum level of support to ensure a dignified standard of
living, including special help for the most needy. Common rules to avoid abuse
of the asylum system are also provided by this proposal.
Announcing the
proposal, António Vitorino, Commissioner responsible for Justice and
Home Affairs, said : "This proposal responds to the request made by EU
Heads of State and Government at the Tampere European Summit for a common EU
policy on asylum and immigration".
A mimimum
level of support with special help for the vulnerable
The proposal
aims to harmonise the legal situation and the assistance granted to asylum
seekers and their families while their cases are being considered by Member
State authorities. It is based upon the principle that asylum applicants should
be ensured a dignified standard of living. Under the proposal, a minimum level
of assistance will have to be granted to asylum seekers, in keeping with EU
Member States' constitutional traditions of respect for human rights. Access to
the labour market will not be forbidden six months after the request has been
filed. Special rules for groups with special needs (unaccompanied children,
victims of torture, pregnant women) will have to be applied. Finally, a system
of peer pressure to ensure national systems are comparable will be established.
Avoiding abuse
of the asylum system
To avoid abuse
of the reception system by those who should not benefit from it, the proposal
envisages a number of measures. Member States may ask applicants who can afford
to do so to contribute towards the cost of their reception (housing, health
care, etc.). Member States will be able to reduce or withdraw this support in
circumstances where this is justified:
when applicants
have demonstrated that they are not serious about their asylum procedure (e.g.
by not appearing for personal interview concerning their application)
when their
behaviour makes the continued granting of reception unreasonable (e.g. violent
behaviour in an accommodation centre).
This proposal is
closely linked to the Commission's proposal regarding common standards for
asylum procedures (see background below). An efficient and fair asylum
procedure will allow a reasonably quick examination of applications for asylum,
thereby limiting the period during which reception is granted, especially in
cases of inadmissible or manifestly unfounded applications.
Background
This
Commission's legislative proposal is closely linked to the proposal for a
Directive on minimum standards for Member States' procedures for granting and
withdrawing refugee status was adopted by the Commission in September 2000 and
is currently being discussed by the Council.
The proposal had
been included in the scoreboard to review progress on the creation of an area of
freedom, security and justice in the European Union adopted by the Commission
on 24 March 2000 and approved by the Council. It was confirmed in the
Communication "Towards a common asylum procedure and a uniform status,
valid throughout the Union, for persons granted asylum" adopted on 22
November 2001.
The proposal
directly follows up the conclusions of the extraordinary European Council in Tampere of 15-16 October 1999,
where it was agreed to work towards establishing a Common European Asylum
System which should include, in the first stage, "common minimum
conditions of reception of asylum seekers".
The proposal is
based on Article 63(1) (b) of the Treaty establishing the European Community. It does
not apply to Denmark, which has opted out of Title IV of the EC Treaty. Under
the rules of the Protocol governing their positions as regards Title IV of the
EC Treaty, the United Kingdom and Ireland will give notification as to
whether or not they wish to participate in the adoption of the text.
In December
1999 the
Commission commissioned a Study, delivered at the beginning of November 2000, "on the legal
framework and administrative practices in the Member States of the European
Union regarding reception conditions for asylum seekers, displaced persons and
other persons seeking international protection".
In June 2000 the French delegation
presented a discussion paper on conditions for the reception of asylum seekers
that was followed by the adoption of Conclusions by the December Council.
At the end of July
2000,
the United Nations High Commissioner for Refugees published an important study
on the same issue.
In December
2000 the
Commission thought it appropriate to have bilateral consultations with Member
States, on the basis of a discussion paper concerning the future Community
instrument on reception conditions for applicants for asylum in the European
Union. As well as the Member States, the Commission specifically consulted the
UNHCR and some of the more relevant non-governmental organisations.
The December
Council Conclusions, the Reception Conditions Study and the written and oral
comments expressed on the Commission's discussion paper have been the
'foundation' material that has been used to draft this proposal. The UNHCR
Study, The Danish Refugee Council Fourth Report on Legal and Social Conditions
for asylum seekers and Refugees in Western European Countries, the existing
soft law (principally the 1997 Council Resolution on unaccompanied minors who
are nationals of third countries) have also been taken into account. Finally,
attention has been paid to the draft joint action on conditions for reception
of asylum seekers, tabled by the Spanish Presidency in 1995 but never approved.