The Asylum Package: towards a genuine Common European Asylum System

In 2007, the European Commission embarked on a public consultation exercise with NGOs, national governments and stakeholders by publishing a Green Paper. Based on the contributions received during the consultation process and based on the evaluation of the implementation of existing instruments, in June 2008, the Commission adopted a Policy Plan on Asylum which came to be known as the Asylum Package. The Council of Ministers and the European Parliament reached an agreement on this package which the EPP Group fully supports.

The Asylum Package consists of four pieces of legislation dealing with different aspects of asylum policies.

Better reception conditions for asylum seekers

The main objective of this law is to ensure governments treat asylum seekers with dignity. Governments will have plenty of leeway in the transposition of this directive.

This law allows for a proportionate increase of EU funds to cover the costs of improved reception conditions in Member States that are facing specific and disproportionate pressures from asylum seekers due to their geographic or demographic situation. In addition it sets common standards for reception conditions across the EU and these common standards will discourage asylum "hopping and shopping".

The report on Minimum standards for the reception of asylum seekers has been tabled in collaboration with EPP Group Shadow Rapporteur Georgios Papanikolaou.

Harmonised and more effective asylum procedures

Under this law asylum seekers will get fairer and more uniform access to international protection across the EU.

The EPP Group and its Shadow Rapporteur, Monika Hohlmeier, managed to preserve the all-important accelerated procedures and managed to prevent the S&D Group from mixing up the asylum procedure with other aspects of asylum law, such as the reception conditions directive.

Dublin II - one Member State responsible for examination of asylum application to avoid abuse through several applications

This regulation states that only one Member State is responsible for examining an asylum application. The objective is to avoid sending asylum seekers from one Member State to another, and also to prevent abuse of the system by the submission of several applications for asylum by one person (asylum shopping or hopping).

Where there is particular pressure mounting on a certain Member State with limited reception and absorption capacities, Dublin-transfers, i.e. the transfer of responsibility for the examination of an asylum application from one Member State to another Member State, add an even heavier burden on this Member State. This law allows for the suspension of Dublin-transfers to Member States that are under specific and disproportionate pressures coming from asylum seekers.
     
A majority of the House, including EPP Group Members, adamantly wanted to introduce an obligatory relocation system for accepted asylum migrants from one Member State to another. The aim was to relieve some Southern Member States from disproportionate pressures on their asylum systems. However, the Council of Ministers was unanimously against this (with Malta being the exception).

The inclusion of an early warning mechanism helped break the stalemate between the Parliament and the Council. The Commission is now setting up an instrument which hinges on this early warning mechanism.

EURODAC database to prevent and detect criminal offenses

The objective of this regulation is to establish a system which is able to compare fingerprints of asylum seekers and some categories of illegal immigrants. It helps determine which Member State is responsible for examining an asylum application.

The EPP Group and its Rapporteur Monica Macovei managed to get through three key points:

1.     Law enforcement authorities will have access to EURODAC.

2.     There will be no blocking of access to the data of accepted asylum migrants as this data might still be needed in cases where asylum seekers abuse the national social welfare system.

3.     There will be immediate and direct access to EURODAC without compulsory prior checks.

What’s next?

The Asylum Package is due to be debated by MEPs in their plenary sitting in Strasbourg on 11 June 2013. The following day, the 4 reports on Minimum standards for the reception of asylum seekers, Common procedures for granting and withdrawing international protection, Dublin II as well as on the EURODAC regulation will be submitted to vote.