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EU: Asylum Procedures Regulation: Documentation including "strengthening the sanctions against asylum shopping and absconding"

29 May 2018

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EU  
Council of the European Union
Asylum Procedures Regulation: Documentation including "strengthening the sanctions against asylum shopping and absconding"
29.5.18
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• Proposal for a Regulation establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU (LIMITE doc no: 9162-18, 23 May 2018, pdf):

"This document contains compromise proposals suggested by the Presidency in relation to Recitals (1) - (29) (...)

HU, IT, NL, SI: parliamentary reservation. BE, CZ, EE, EL, ES, FI, FR, HU, IE, IT, LT,
NL, PL, PT, SE, SI: scrutiny reservation. FR, PL, SK: Directive instead of a Regulation."

• Reform of the Common European Asylum System - Building blocks within different legislative files of the CEAS Reform(LIMITE doc no: 8816-18, 14 May 2018, pdf): Includes:

"STREAMLINING THE DIFFERENT STEPS OF ACCESS TO THE PROCEDURE WITHIN THE DIFFERENT LEGISLATIVE ACTS – making-registering-lodging an application for international protection. (...)

STRENGTHENING THE SANCTIONS AGAINST ASYLUM SHOPPING AND ABSCONDING

According to the Dublin system, asylum seekers neither have the right to choose the Member State of application nor the Member State responsible for examining the application. However, some Member States offer more attractive reception conditions and asylum systems than others resulting in an incentive for asylum shopping.(...) [emphasis added throughout]

One of the purposes of the asylum reform is to discourage abuses and prevent secondary movements of applicants within the EU, in particular by including clear obligations for applicants to apply in the Member State of first entry and remain in the Member State determined as responsible for the examination of their application. This also requires proportionate procedural and material consequences in case of non-compliance with their obligations. (...)

Member States still consider that the envisaged sanctions are not enough to act as a deterrent and prevent abuse.

In order to limit the cases of absconding and to ensure the stability within the system, several sanctions are envisaged in different stages of the procedure, such as for example:

1. Making and lodging an application in 'wrong' Member State (non-compliance with Article 4(1) and (1a) of Dublin Regulation) – this behaviour of the applicant will lead to the
examination of the application in an accelerated examination procedure (shorter time-frame; non-automatic suspensive effect of the appeal);

2. Making but not lodging an application in the right Member State (non-compliance with Article 28 of APR) – this behaviour of the applicant will lead to rejection of the application as implicitly withdrawn (non-automatic suspensive effect of the appeal; next application by the same applicant in any Member State will be a subsequent application).

3. Non-compliance with the obligation to remain on the territory of the Member State where the applicant is required to be present (non-compliance with Article 4(2a) of the Dublin Regulation) - this behaviour of the applicant will lead to the rejection of the application as implicitly withdrawn if no justification is provided by the applicant (APR), right to reception conditions only in the Member State responsible, where the applicant is required to be present; restriction of freedom of movement (RCD); detention (RCD/Dublin).

4. Avoiding registration and fingerprinting (non-compliance with Article 27 of APR and Article 10 of Eurodac) – this behaviour of the applicant will lead to rejection of the application as implicitly withdrawn; reduction or withdrawal of some material reception conditions (RCD); detention if it is necessary to identify the applicant (RCD);

5. Not attending the personal interview (non-compliance with conditions in Article 12 of APR) - this behaviour of the applicant will lead to rejection of the application as implicitly withdrawn if no justification is provided by the applicant (APR)."

• 8675-18 (LIMITE doc, 59 pages, 8 May 2018, pdf):

"This document contains compromise proposals suggested by the Presidency in relation to Articles 1-9."

• 8705-18 (LIMITE doc, 38 pages, 16 May 2018, pdf):

"This document contains compromise proposals suggested by the Presidency in relation to Articles 10-24 and a new Article 57a, which covers Articles 13(7), 27(4) and 28(6)."

• 8673-18 (LIMITE doc, 22 pages, 8 May 2018, pdf). 54 Footnotes with Member State positions:

"This document contains compromise proposals suggested by the Presidency in relation to Articles 51 - 62."

Previous coverage

Asylum Procedures Regulation: Documentation (6 March, 2018, Statewatch News)

Asylum Procedures Regulation: latest Council text with Member State positions (7 February 2018, Statewatch News)

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