13

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Family reunification rights of refugees and beneficiaries of subsidiary protection

14-02-2020

Separation of family members can have devastating consequences on their well-being and ability to rebuild their lives. This is true for everybody, but especially so for persons who have fled persecution or serious harm and have lost family during forced displacement and flight. In the case of beneficiaries of international protection, family separation can affect their ability to engage in many aspects of the integration process, from education and employment to putting down roots, as well as harming ...

Separation of family members can have devastating consequences on their well-being and ability to rebuild their lives. This is true for everybody, but especially so for persons who have fled persecution or serious harm and have lost family during forced displacement and flight. In the case of beneficiaries of international protection, family separation can affect their ability to engage in many aspects of the integration process, from education and employment to putting down roots, as well as harming their physical and emotional health. That is why family reunification is a fundamental aspect of bringing normality to the lives of such people. While EU law ensures refugees and holders of subsidiary protection – the two types of beneficiaries of international protection – equal treatment in most areas, differences remain, among others, as regards family reunification in accordance with the Family Reunification Directive. Unlike refugees, beneficiaries of subsidiary protection do not enjoy the favourable conditions associated with the right to family reunification. After 2015, most EU Member States witnessed a significant increase in the number of asylum-seekers arriving in their territory, paralleled by an increase in the number of beneficiaries of international protection seeking reunification with their families. To establish some form of control over this unprecedented flow of people, Member States shifted away from awarding refugee status towards granting subsidiary protection, thus restricting the possibility of beneficiaries to reunite with their families. According to many legal experts, the fact that beneficiaries of subsidiary protection face stricter requirements regarding family reunification than do refugees disregards the particular circumstances related to their forced displacement and the corresponding difficulties they are likely to face in meeting these stricter requirements.

What has the European Union done in the field of migration since 2014?

15-06-2017

In response to the migration challenge, on 13 May 2015 the European Commission presented the European Agenda on Migration, with the aim of setting out a comprehensive approach for improving the management of migration in all its aspects. Several implementation packages under the Agenda have already been adopted and the measures therein are starting to be deployed; legislative proposals have also been made and are currently being discussed in Parliament and Council.

In response to the migration challenge, on 13 May 2015 the European Commission presented the European Agenda on Migration, with the aim of setting out a comprehensive approach for improving the management of migration in all its aspects. Several implementation packages under the Agenda have already been adopted and the measures therein are starting to be deployed; legislative proposals have also been made and are currently being discussed in Parliament and Council.

European Parliament’s positions on key issues related to asylum and migration

15-06-2017

This briefing presents a short summary of the positions taken by the European Parliament on issues related to migration and asylum in its most recent relevant Resolutions. It has been prepared for the high-level conference on migration management which takes place on 21st June 2017.

This briefing presents a short summary of the positions taken by the European Parliament on issues related to migration and asylum in its most recent relevant Resolutions. It has been prepared for the high-level conference on migration management which takes place on 21st June 2017.

CHILDREN ON THE MOVE: A PRIVATE INTERNATIONAL LAW PERSPECTIVE

13-06-2017

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, will be presented during a Workshop dedicated to potential and challenges of private international law in the current migratory context. The child’s best interests are a primary consideration under international and EU law. EU migration and private international law frameworks regulate child protection, but in an uncoordinated way: the Dublin ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, will be presented during a Workshop dedicated to potential and challenges of private international law in the current migratory context. The child’s best interests are a primary consideration under international and EU law. EU migration and private international law frameworks regulate child protection, but in an uncoordinated way: the Dublin III and Brussels IIa Regulations are neither aligned nor applied coherently. This should change. In particular, the rules and mechanisms of Brussels IIa should be used to enhance the protection of migrant children. These include rules on jurisdiction to take protective measures, on applicable law, and on recognition and enforcement of protective measures, and mechanisms for cross-border cooperation between authorities.

External author

Sabine Corneloup; Bettina Heiderhoff; Costanza Honorati; Fabienne Jault-Seseke; Thalia Kruger; Caroline Rupp; Hans van Loon; Jinske Verhellen

Potential and Challenges of Private International Law in the Current Migratory Context - Experiences from the Field

12-06-2017

•The rights of the child (Art. 3, Convention on the Rights of the Child, Art. 24, EU Charter of Fundamental Rights) are well ensured by the German approach to treat unaccompanied minors first and foremost as children in need of protection. •The responsibility of the youth authorities (Jugendamt) to give shelter has priority. •The immediate legal representation of an unaccompanied child is guaranteed by the right of the youth authorities to act as first representatives of the child. The family court ...

•The rights of the child (Art. 3, Convention on the Rights of the Child, Art. 24, EU Charter of Fundamental Rights) are well ensured by the German approach to treat unaccompanied minors first and foremost as children in need of protection. •The responsibility of the youth authorities (Jugendamt) to give shelter has priority. •The immediate legal representation of an unaccompanied child is guaranteed by the right of the youth authorities to act as first representatives of the child. The family court then appoints an appropriate guardian. •As it is not always advisable to apply for asylum, the representative of the child has to decide on the application in order to clarify the child's perspective. •Amendments and interdisciplinary practical action plans already improved the situation of unaccompanied minors. There is still a need for clarification and improvements.

External author

Martina Erb Klünemann

Private international law in a context of increasing international mobility: challenges and potential

12-06-2017

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, will be presented during a Workshop dedicated to potential and challenges of private international law in the current migratory context. While Private International Law governs private relations between persons coming from or living in different States, migration law regulates the flow of people between States. The demarcation between these ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, will be presented during a Workshop dedicated to potential and challenges of private international law in the current migratory context. While Private International Law governs private relations between persons coming from or living in different States, migration law regulates the flow of people between States. The demarcation between these two areas of law seems clear, but in practice it is not. Rights related to migration are often linked to private relations (marriage, parentage) or personal status (age). The EU should have a coherent approach in these areas, both internally and in relations with third States. Authorities active in the different areas must coordinate their work.

External author

Sabine Corneloup (coordinator), Professor at the University Paris II Panthéon-Assas, France, member of TEE Bettina Heiderhoff, Professor at the University of Münster, member of TEE Costanza Honorati, Professor at the University of Milano-Bicocca, member of TEE Fabienne Jault-Seseke (coordinator), Professor at the University of Versailles Saint-Quentin, France, member of TEE, member of GEDIP Thalia Kruger, Professor at the University of Antwerp, Belgium, member of TEE Caroline Rupp, Junior Professor at the Julius-Maximilians-University Würzburg, Germany, member of TEE Hans van Loon, Former Secretary General of the Hague Conference on Private International Law, member of GEDIP Jinske Verhellen (coordinator), Professor at the Ghent University, Belgium, member of TEE

Disappearance of migrant children in Europe

24-02-2017

According to Europol, at least 10 000 migrant and refugee children have gone missing after arriving in Europe. Many of them are feared to be exploited and abused for sexual or labour purposes. The Parliament has on several occasions called on the Commission to address the disappearance of migrant children in the EU. The Commission is expected to make a statement in the March plenary. See also December 2016 EPRS briefing on the vulnerability of unaccompanied and separated child migrants.

According to Europol, at least 10 000 migrant and refugee children have gone missing after arriving in Europe. Many of them are feared to be exploited and abused for sexual or labour purposes. The Parliament has on several occasions called on the Commission to address the disappearance of migrant children in the EU. The Commission is expected to make a statement in the March plenary. See also December 2016 EPRS briefing on the vulnerability of unaccompanied and separated child migrants.

Labour Market Integration of Refugees: Standards Set by EU Law

17-05-2016

This note gives a summary of standards set by EU Directives for labour market integration of different categories of refugees. It has been prepared by Policy Department A for the Committee on Employment and Social Affairs.

This note gives a summary of standards set by EU Directives for labour market integration of different categories of refugees. It has been prepared by Policy Department A for the Committee on Employment and Social Affairs.

Foreign students and researchers: New rules for mobility

02-05-2016

The aging of the EU population and a shortage of skills, coupled with competition from other attractive destinations for the talented and the highly skilled, have created a need for more effective EU policies in this area. This is especially important because current EU legislation has been evaluated as insufficient to fully tackle the challenge.

The aging of the EU population and a shortage of skills, coupled with competition from other attractive destinations for the talented and the highly skilled, have created a need for more effective EU policies in this area. This is especially important because current EU legislation has been evaluated as insufficient to fully tackle the challenge.

Arbitrary detention of women and children for immigration-related purposes

26-02-2016

An unprecedented mass movement of asylum-seekers and migrants of all ages started in 2014, and has continued throughout 2015 and into 2016. Fleeing armed conflicts, mass killings, persecution and pervasive sexual and gender-based violence (SGBV), these persons seek protection under the 1951 Refugee Convention, its subsequent Protocol and other international instruments. In times of such instability, women and girls are particularly at risk of gender-based violence, including sexual violence. Between ...

An unprecedented mass movement of asylum-seekers and migrants of all ages started in 2014, and has continued throughout 2015 and into 2016. Fleeing armed conflicts, mass killings, persecution and pervasive sexual and gender-based violence (SGBV), these persons seek protection under the 1951 Refugee Convention, its subsequent Protocol and other international instruments. In times of such instability, women and girls are particularly at risk of gender-based violence, including sexual violence. Between January and November 2015, Europe witnessed more than 950 000 asylum-seeker and migrant arrivals via the Mediterranean Sea. With record numbers of asylum-seekers worldwide, the head of the UN Refugee Agency (UNHCR), Filippo Grandi, has urged greater efforts to find solutions. The UNHCR has pointed out that in recent years, detention facilities are increasingly being used to host migrants and asylum-seekers, including by countries with good human rights records. If used, detention must be lawful and clearly shown to be necessary, reasonable and proportional. Detention conditions must uphold human dignity and international standards. The journeys that migrants and asylum-seekers take can be dangerous, and they often face high levels of violence, extortion and exploitation, including multiple forms of SGBV – such as human trafficking, psychological manipulation, physical violence or rape. Women and girls are particularly at risk of SGBV during the journey. Situations of vulnerability such as the impact of the journey and experiences of migrants prior to their confinement, which are often physically and psychologically trying, and during which they could have been exposed to diverse forms of abuse and violence need to be addressed. In addition, the effect of confinement in detention centres, particularly if prolonged, needs to be addressed. All these factors require a coordinated and effective protection response.

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