Image: Kancelaria Premiera, CC BY-NC-ND 2.0
One substantial change compared to the previous version of the text is the removal of an obligation to continue applying derogations to EU asylum law to people in the asylum procedure even after the derogation itself has been terminated.
Now, the Presidency is proposing making it optional:
“Member States may continue to apply the procedural derogations set out in the Council implementing decision referred to in paragraph 3 in respect of those applicants whose applications for international protection have been registered in accordance with this Regulation until a final decision is taken on their application or until the third-country nationals concerned are returned in accordance with Article 4.”
Documentation
- Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL addressing situations of instrumentalisation in the field of migration and asylum – Presidency compromise text (Council doc. 14796/1/22 REV 1, LIMITE, 21 November 2022, pdf)
