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Recent Developments in the Area of Freedom, Security and Justice
in the EUUniversity of Oslo
Asylum Course10 March 2006
Aim for the lecture
• Overview and Background
• From Schengen to Amsterdam
• From Tampere to the Hague
• CEAS
• What is happening now?
Migration
• Global dimension, 2005: 200 mill. migrants• Def. ”migrant”: person who has lived more
than a year outside home country• Regionally: One step forward, two
backward• Complicating factors: legal/illegal
forced/voluntary• Legislative and policy measures in the
pipeline
Legislative and Administrative Development
• Ad Hoc group Immigration
• Schengen Implementation Convention (1990/1995)
• Dublin Convention (1990/1997)
• Maastricht Treaty(1992/1993)
• Amsterdam Treaty (1997/1999)
Follow-up: Action Plan, Scoreboard, Tampere Conclusions
Tampere
• Top level JHA-meeting 1999• JHA area defined in terms of
priorities• Balanced approach: Control/Rights • Establishment of CEAS decided cf.
Amsterdam treaty
Main focus
• Partnerships with countries of origin
• Establishment of CEAS
• Fair treatment of third country nationals
• Management of migration flows
Hague Programme (2004) and Plan og Action (June 2005)
• Translation of Hague Programme into Specific Measures
• Reiteration of importance attached to correct and timely transposition of legislative acts
• Effective implementation
• Evaluation in practice
• Retain certain degree of flexibility
Key aspects of EU JHA policy2005-2010
• Protection of fundamental rights
• Implementation and evaluation
• Strengthening security
• External Relations
Asylum and Migration Policy
Comprehensive approach: • root causes of migration
• entry and admission policies
• Integration policies
• return policies
Hague Action Plan 2005-2010
Concrete examples of priorities:• Adoption of Procedures directive
• Conclusion of parallel agrements with Denmark on Dublin II and Eurodac
• Monitoring transposition of first phase legal instruments
Cont. Action Plan priorities
Second phase of CEAS: • Long term resident status for
beneficiaries of international protection
• Second phase instrumentsAdopt directive on one single asylum procedure
A Common European Asylum System (CEAS)
• Qualification directive (2004)
• Procedures directive (2005)
• Dublin Regulation (2003)
• Eurodac Regulation (2003)
• Reception Conditions directive (2003)
• Temporary Protection directive (2001)
• Refugee Fund (2005-2010)
Second phase:
• Transposition period
• Commission legal proceedings
• National implementation adm. and judicial
• EU judiciary development
Cont. Second phase
• Coordination/cooperation among MS
• Majority voting
• Commission right to initiative
• EP role
Qualification directive
• Definition of ”refugee”
• Interpretation of concept of ”persecution”
• Definition of ”subsidiary protection”
• Rights pertaining to persons granted ”international protection”
• Consequences?
Procedures directive
• Controversy: UNHCR, ECRE, EP
• Criticism e.g.
- Exemptions
- Appeal and suspensive effect
- Safe third country concept
- Safe home country
Dublin and Eurodac
• Ref. next Wednesday
• Which country is resposnible for an asylum request?
• Dublin convention did not work
• Dublin II required
• Norway’s way into CEAS through the back door
Directive on Reception Conditions
• Stop secondary movement
• Secure EU harmonisation within EU in line with 1951 Conv. And ECHR
Cont. Directive on reception conditions
Minimum standard rights on e.g.:- Housing- Work- Medical Care- Children other vulnerable groups- Education
Cont. Reception conditions
• UK and asylum seekers who wait too long
• Germany and the right to work
• Relationship with Dublin
• Status on transposition
• Norway’s interest?
What happens now?
• Commission to evaluate all CEAS instruments by 2007
• Focus on external dimension
Pilot projects
Resettlement
Cont. What happens now?
Legislative proposals on:
- Return
- Single procedure
- Refugees and other persons rights as long term residents
Cont. What happens now?
• Cooperation with home countries
• Establishment of funds: - border control fund
- integration fund
- refugee fund (2005-2010)
- return fund
Cont. What happens now?
”Package” in autumn 2005:- Communication on regional protection programmes
- Communication on integration
- Communication on migration and development
- Strategy on external dimension
Cont. What happens now?
Feb. 2006:
Communication on the establishment of structures improving the quality of decision making in the common European asylum system
- Single procedure
- Country of origin compilation
- Amendment to Refugee Fund and ARGO