Justice and Home Affairs Council
19 December – EU Asylum Policies
Taking stock of the
asylum harmonisation process at the end of the Danish Presidency: Reception
Conditions Directive adopted but lack of progress on other refugee instruments
jeopardises the integrity of the European Union asylum policies
The Justice and Home Affairs Council on 19 December has just adopted the Directive laying down minimum standards for the reception of applicants for asylum in Member States, following political agreement last April. This adoption constitutes a significant milestone in the path towards the development of a Common European Asylum System in so far it provides refugees with certain minimum benefits (such as housing or health care) that should lead in some Member States to the improvement of reception conditions during the period when their application is being examined.
The European Council on Refugees and Exiles (ECRE) is concerned however that the negotiations by the Council had been reopened in provisions that had already found political agreement in April, with the result of further watering down the standards originally proposed by the Commission.
Member States are allowed wide discretion in the implementation of certain crucial provisions, such as access to employment and access to the benefits enshrined in the Directive. According to the final version of the Directive, Member States retain the right to establish unilaterally whether asylum seekers will be allowed to work during the time when their protection claim is being examined, even if such examination is delayed longer than a year for reasons not attributed to the applicants themselves. Furthermore, Member States may decide to refuse access to benefits such as health care, housing, and education for children, in cases where the asylum claim has not been presented as soon as possible after arrival. This provision fails to take into account the fact that asylum seekers are often unaware of the legal systems in their host country or may feel uncertain and want to seek advice from refugee assisting organisations that can help them to present their claims.
The Council should develop a harmonised approach to the benefits for asylum seekers based on international standards and best national practice. Instead, it allows Member States to maintain different national policies that in some cases fall short of the current standard of reception in other Member States. ECRE reminds Member States that the standards included in the Reception Directive are only minimum and that therefore they are not obliged to give up on higher standards than those enshrined in the Directive.
“The purpose of agreed minimum standards is to ensure that those who fall below them improve their protection, not to drag the rest of the EU countries down. We call on Member States with high protection standards to retain them and to lead the way in future reviews of this Directive to a truly harmonised asylum system that is based on best practice, the importance of refugee protection and the recognition of shared responsibility in the EU, rather than shortsighted interests of individual States”, Peer Baneke, Secretary General of ECRE, said today.
Although ECRE cautiously welcomes the adoption of this Directive, it is concerned by the lack of progress on other crucial instruments for the protection and integration of refugees, such as those relating to the definition of refugee and of other persons in need of international protection, family reunification and the status of long term residents. This contrasts with the progress that has been achieved in the development of migration control measures. ECRE notes that the Danish Presidency provisionally published yesterday a document taking stock of the goals and results during its term, including the launching of 17 projects for the control of the European Union’s external borders and the fight against illegal immigration. Protection instruments should find agreement in the short term in ways that are respectful of international obligations of States and best national practice.
ECRE urges the Council to address the failures of the past months of negotiations and adopt decisions. “If it doesn’t, Member States will lose credibility in their repeatedly expressed commitment to support, promote and protect human rights within its borders and in the world. With political courage and commitment, Member States still have it within their power to stay true to the founding values of the European Union”, Peer Baneke stressed.
For
an assessment of the state of play of the asylum harmonisation process, see
attached document: “Taking stock of the harmonisation process at the
end of the Danish Presidency: The European Union must make decisions to
preserve the integrity of its asylum policies”