A Europe of freedom, security and justice:
o Asylum and Immigration Policy, Treaty of Dublin
This lesson presents a definition of migrant and refugee, the introduction of asylum policy and Dublin regulation. The students are also introduced to reception conditions and The European Asylum Support Office.
Lesson time foreseen
40 minutes = 1 lesson
A migrant is a person who leaves home to seek a new life in another region or country. This includes all those who move across borders, including those doing so with government permission, i.e., with a visa or a work permit, as well as those doing so without it, i.e., irregular or undocumented migrants. The member states of the European Union agree that EU citizens and their families have freedom of movement within the EU and the European Economic Area—these citizens are privileged migrants because they don’t require individual permission from officials as other migrants do.
The EU Common European Asylum System (CEAS) is a set of EU laws, completed in 2005. They are intended to ensure that all EU member states protect the rights of asylum seekers and refugees. The CEAS sets out minimum standards and procedures for processing and deciding asylum applications, and for the treatment of both asylum seekers and those who are recognized as refugees. Implementation of CEAS varies throughout the European Union. A number of EU states still do not operate fair, effective systems of asylum decision-making and support, leading to a patchwork of 28 asylum systems producing uneven results.
Asylum is granted to people fleeing persecution or serious harm in their own country and therefore in need of international protection. Asylum is a fundamental right; granting it is an international obligation, first recognized in the 1951 Geneva Convention on the protection of refugees. In the EU, an area of open borders and freedom of movement, countries share the same fundamental values and States need to have a joint approach to guarantee high standards of protection for refugees. Procedures must at the same time be fair and effective throughout the EU and impervious to abuse. With this in mind, the EU States have committed to establishing a Common European Asylum System.
The Reception Conditions Directive aims at ensuring better as well as more harmonized standards of reception conditions throughout the Union. It ensures that applicants have access to housing, food, clothing, health care, education for minors and access to employment under certain conditions.
EASO was set up in 2011 to enhance practical cooperation among Member States on asylum-related matters and for assisting Member States in implementing their obligations under the Common European Asylum System.
• to facilitate, develop and coordinate practical cooperation among EU States on asylum by facilitating the exchange of information;
• to contribute to the implementation of the Common European Asylum System by collecting and exchanging information on best practices, drawing up an annual report on the asylum situation in the EU and defining technical orientations on the implementation of the Union's asylum instruments.
• to coordinate activities relating to information on countries of origin by gathering relevant, reliable, accurate and up-to date information and by drafting reports on countries of origin;
• to support EU Member States subject to particular pressure on their asylum and reception systems by providing technical and operational assistance.
Every single asylum application lodged within EU territory needs to be examined - each EU country must be able to determine if and when it is responsible for handling an asylum claim. The objective of the Dublin Regulation is to ensure quick access to asylum procedures and the examination of an application on the merits by a single, clearly determined Member State.
What is the Dublin Regulation?
The Dublin Regulation establishes the Member State responsible for the examination of the asylum application. The criteria for establishing responsibility run, in hierarchical order, from family considerations, to recent possession of visa or residence permit in a Member State, to whether the applicant has entered EU irregularly or regularly.
• A series of provisions on protection of applicants, such as compulsory personal interview, guarantees for minors (including a detailed description of the factors that should lay at the basis of assessing a child's best interests) and extended possibilities of reunifying them with relatives.
• The possibility for appeals to suspend the execution of the transfer for the period when the appeal is judged, together with the guarantee of the right for a person to remain on the territory pending the decision of a court on the suspension of the transfer pending the appeal.
• An obligation to ensure legal assistance free of charge upon request.
• A single ground for detention in case of risk of absconding; strict limitation of the duration of detention.
• The possibility for asylum seekers that could in some cases be considered irregular migrants and returned under the Return Directive, to be treated under the Dublin procedure - thus giving these persons more protection than the Return Directive.
• An obligation to guarantee right to appeal against transfer decision.
• More legal clarity of procedures between Member States - e.g. exhaustive and clearer deadlines. The entire Dublin procedure cannot last longer than 11 months to take charge of a person, or 9 months to take him/her back (except for absconding or where the person is imprisoned).
Economic migration (video): https://www.youtube.com/watch?v=q-4yKLNIZO0