EU Asylum law

•  D –already receiving UN protection or assistance (examples: UNKRAKorea, UNWRAPalestine)

•  E – Persons who are not in need of international protection (person has taken residence in the country and enjoys same rights as nationals)

•  F – Persons that are considered not to be deserving of international protection (unworthy persons)

Exception

for people dangerous to country

Maastricht treaty (1993)

- Cooperation in the area of asylum as part of the 3rd pillar

Amsterdam treaty (1999) 

- moving asylum policy to 1st pillar (supranational pillar) 

- problem still needed unamity

- legal basis for phase 1 instruments, minimal standards

Lisbon treaty 2009

- abolition of pillar structure

-  common standards, legal basis for CEAS phase 2 instruments

1. Eurodac, Dublin and reception conditions directive. 

2. qualification directive and procedure directive

3. return directive

ARt. 29 para. 2 Dublin regulation

austria relieved of its obligations to take charge or to take back the person.

In special situations timelimit can be extended. if person is in detention

the dublin system can't be applied. cessation art. 19 Dublin reg.

first member state in which the application was lodged (art. 3 para. 2

art. 27) dublin reg. 

in qual dir. also people who helped or incited others to commit a serious crime

• Exceptional (collective) measure to provide displaced persons from non-EU countries with immediate and temporary protection

 Sudden influx
 Large number (not defined)
 All from the same area or country

before 1951 and only europe

later changed to all the time and all countries. 

only turkey still only takes europeans

• Fear = subjective element, state of mind

•  Evaluation of the applicant’s statements (rather than a judgment on

  the situation prevailing in the country of origin)

•  But: «well-founded»; frame of mind must be supported by an objective

  situation

they overlap. nationality more important

nationality = 

 Link with a certain state
 Membership of an ethnic or linguistic groups

only to refugees

schengen = boardercontroll = entry in force 1995

dublin = only apply for asylum in one state = enry in force 1997, only binding instrument for 10 years

Pillar 1: supranational

Pillars 2 & 3: intergovernmental

abolishon of pillar strcture in 2009 in lisbon

•  «Screening Regulation»: «Pre-entry screening» at the border (5 days)  accelerated procedures for persons with little chances of getting protection (max. 12 weeks)

•  (Futur) Procedures regulation: Asylum and return procedures at the borders

•  «Asylum and Migration Management Regulation» with «solidarity mechanism»Choice between relocation or «return sponsorship» (in cases of crisis, pressure or for SAR operations)

•  Enlargement of the Eurodac database

•  Access to the long term resident status after 3 years (now 5)

•  systemic flaws in the asylum procedure and in the reception conditions for applicants in the responsible member state, resulting in a risk of inhuman or degrading treatment

• Detention in order to secure transfer procedures

• Significant risk of absconding?

• Individual assessment (no standard form)

• Proportionality test (as short a period as possible)

under 18, 

familiy member or sibling, legally present

any relative legally present and that realtive can take care of minor

 minor children, spouse and if the parents or responsible adult for minor (realtion already existed in country of origin)

for minor also other person responsible for him by law

yes art. 18 para 9, but the basic need always have to be covered. If not enough housing, you have to give money to rent a "normal" flat. 

Asylum and migration management regulation

after ww2 large movements of refugees. only for europeans and only before 1951 at the start

yes if its really hard!

danger to the people in host country, conviction of serious crime or other reason

in charge for all is

1. the memberstate with responisbility for most of them according to the criteria

2. or subsidiarily memberstate responsible for the oldest one

rebuttable

normally not, but you have to check if minor or there are familiy members

you can do a take back procedure

european court of justice = application of eu-law

european court of human rights = application of conventino on human rights

(length of residence permit, social assistance)