International Protection Regulations in the European Union

Author:Elena Loredana Pirvu
Pages:11-31
SUMMARY

The refugee crisis has called attention to the weaknesses of the Common European Asylum System. The EU needs a reformed asylum system that would be effective and provide protection, based on common rules, on solidarity and on fair sharing of responsibilities. The reforms proposed by the European Commission that we have analysed in this article will guarantee that people who are evidently in need... (see full summary)

 
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ISSN: 2067 9211 Legal Sciences in the New Millennium
11
Legal Sciences in the New Millennium
International Protection Regulations in the European Union
Elena Loredana Pirvu1
Abstract: The refugee crisis has called attention to the weaknesses of the Common European Asylum
System. The EU needs a reformed asylum s ystem that would be effective and provide protection, based on
common rules, on solidarity and on fair sharing of responsibilities. The reforms proposed by the European
Commission that we have analysed in this article will guarantee that people who are evidently in need of
international protection will have quick access to it, but also that those who are not entitled to enjoy
protection in the EU can be quickly returned. What is proposed at EU level is the final element of a global
reform of the Common European Asylum System (CEAS). So as to better meet t he new challenges of
migration, action must be taken on several fronts: external borders must be managed more e ffectively, we
should cooperate better with third parties and, above all, illegal crossing must be stopped, relocating migrants
to first asylum countries on EU territory. The proposals for reforming the CEAS, i nitiated by the European
Commission and which are currently b eing negotiated, are elements that help make important steps in the
right direction so as to create at the European level the structures and tools needed for a comprehensive
system, which would be able to deal with future challenges.
Keywords: Common European Asylum System; seeker of refugee status; subsidiary protection; directive;
acquis
1. The Common European Asylum System
The European Union (EU) has been working towards the establishment of a Common European
Asylum System (CEAS) since 1999, with several pieces of legislation being adopted between 1999
and 2013.
The Union’s common policy on asylum, immigration, visa and external border controls is based on
Title V (Area of freedom, security and Justice) of the Treaty on the functioning of the European Union
(TFEU). Under Protocols 21 and 22 to the Treaties, the United Kingdom, Ireland and Denmark shall
not take part in the adoption by the Council of proposed measures pursuant to Title V TFEU. The
United Kingdom and Ireland may notify the Council, within three months after a proposal or initiative
has been presented, or at any time after its adoption, that they wish to take part in the adoption and
application of any such proposed measure. At any time Denmark may, in accordance with its
1 Police Academy Alexandru Ioan Cuza, Romania, Address: Aleea Privighetorilor 1-3, Bucharest 014031, Romania, Tel.:
0737 947 335, E-mail: loredana.pirvu@yahoo.com.
European Integration - Realities and Perspectives. Proceedings 2018
12
constitutional requirements, notify the other Member States that it wishes to apply in full all relevant
measures adopted on the basis of Title V TFEU.1
A common policy on asylum, including a Common European Asylum System, is a constituent part of
the European Union’s objective of establishing progressively an area of freedom, security and justice
open to those who, forced by circumstances, legitimately seek protection in the Union. Such a policy
should be governed by the principle of solidarity and fair sharing of responsibility, including its
financial implications, between the Member States.2
In recent years, the European Union has adopted a series of important legislative measures in view of
harmonising the different Member States’ asylum systems. The Dublin Regulation determines which
Member State is responsible for examining an individual asylum application. The Reception
Conditions Directive sets out t he minimum conditions for the reception of asylum seekers, including
their accommodation, education and health. The Asylum Procedures Directive provides for the
minimum standards for asylum procedures, thus making an important contribution to international
law, as this aspect was not initially regulated by the 1951 Convention. The Qualification Directive
introduces the concept of subsidiary protection, which complements the 1951 Convention on the
Status of Refugees, a form of protection that should be granted to persons who face the risk of serious
harm. The CEAS offers improved access to asylum procedures for people seeking protection, it leads
to fairer, faster and better asylum decisions, it helps ensure that people who fear persecution will not
be brought back to such danger and it provides dignified, decent conditions for both asylum seekers,
and for those who enjoy international protection on the territory of the European Union.
The main existing legal instruments are:
- Regulation (EU) No. 603/2013 of the European Parliament and of the Council of 26 June 2013 on
the establishment of “Eurodac” for the comparison of fingerprints for the effective application of
Regulation (EU) No. 604/2013 establishing the criteria and mechanisms for determining the Member
State responsible for examining an application for international protection lodged in one of the
Member States by a third-country national or a stateless person and on r equests for the comparison
with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement
purposes, and amending Regulation (EU) No. 1077/2011 establishing a European Agency for the
operational management of large-scale IT systems in the area of freedom, security and justice
(hereinafter referred to as the Eurodac Regulation);
- Regulation (EU) No. 604/2013 of the European Parliament and of the Council of 26 June 2013
establishing the criteria and mechanisms for determining the Member State responsible for examining
an application for international protection lodged in one of the Member States by a third-country
national or a stateless person recast (hereinafter referred to as Dublin III Regulation);
- Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down
standards for the reception of applicants for international protection (hereinafter referred to as the
Reception Conditions Directive);
- Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common
procedures for granting and withdrawing international protection (hereinafter referred to as the
Common Procedures Directive);
1 Communication from the Commission to t he European Parliament, the Counci l, the European Economic and Social
Committee and the Committee of the Regions. A European agenda on migration Brussels, 13.5.2015, COM(2015) 240
final.
2 Recital 2 of the preamble to Directive 2013/32/EU.

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