The European Council on Refugees and Exiles (ECRE) has published Comments on the proposals to reform the Common European Asylum Systems (CEAS) that the European Commission had presented to the European Parliament and the Council this year.
Firstly, assessments have been developed on the proposal to recast the III Dublin Regulation tabled by the European Commission on 4 May 2016: the proposal aims to determine efficiently and effectively the Member State responsible for examining an application for international protection and to ensure fair sharing of responsibilities between Member States.
Despite these purposes, ECRE warns that the reform “runs a high risk of perpetuating inefficient and unworkable mechanisms for allocation of responsibility that are unfair to both asylum seekers and Member States”.
A main concerns is the fact the EU’s mechanism for allocating responsibility under the current Dublin System is reinforced although its application has already shown several deficiencies.
Another key worry stems from the sanctions that will be applied to those who will not comply with the obligation to submit the application in the first Member State of entry as nothing has been done to facilitate compliance with this rule.
To make it worst, there will not be any consideration of the individual circumstances of the applicant as well as of his/her integration perspectives in order to determine the responsible Member State.
As such a system will not achieve its goals, ECRE “calls for a fundamental re-think of the underlying logic of the recast Dublin Regulation” in order to establish a system which enables both Member States and applicants to develop trust and ensure compliance with the rules.
Beside this Comment, ECRE has also assessed the package of proposals presented by the European Commission on 13 July 2016 in order to complete the reform of CEAS and has released:
- Comments on the Commission Proposal to recast the Reception Conditions Directive, which establishes the standards of living conditions afforded to applicants for international protection in the European Union
- Comments on the Commission Proposal for a Qualification Regulation, which sets out the standards for the recognition of persons in need of international protection and the rights granted to beneficiaries of this protection
- Comments on the Commission Proposal for an Asylum Procedures Regulation, which establishes a common procedure for granting and withdrawing international protection
These studies provide a detailed legal analysis of the provisions of the proposals and include observations and recommendations to the co-legislators for further amendments where relevant.
- ECRE Comments on the Commission Proposal for a Dublin IV Regulation
- ECRE Comments on the Commission Proposal to recast the Reception Conditions Directive
- ECRE Comments on the Commission Proposal for a Qualification Regulation
- ECRE Comments on the Commission Proposal for an Asylum Procedures Regulation