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

vvevstad@online.no