International Protection Regulations in the European Union

• Author: Elena Loredana Pirvu
• Pages: 11-31

ISSN: 2067 – 9211 Legal Sciences in the New Millennium

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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

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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.