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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.

Situation of migrants in Bosnia and Herzegovina

14-11-2019

Bosnia and Herzegovina (BiH) has become a transit route for migrants heading towards western Europe since early 2018. Around 8 000 migrants are currently present in the country, mainly originating from southern Asia and the Middle East. Reception capacities were expanded in 2018, using EU funds, but remain insufficient. In 2019, BiH has been unable to establish additional locations for temporary reception centres, despite EU funds being available. Access to asylum in BiH is also effectively being ...

Bosnia and Herzegovina (BiH) has become a transit route for migrants heading towards western Europe since early 2018. Around 8 000 migrants are currently present in the country, mainly originating from southern Asia and the Middle East. Reception capacities were expanded in 2018, using EU funds, but remain insufficient. In 2019, BiH has been unable to establish additional locations for temporary reception centres, despite EU funds being available. Access to asylum in BiH is also effectively being denied to migrants that seek to claim it. Recently, local authorities in the Una-Sana Canton (Bihać), which have been shouldering most of the burden of migration management, have resorted to action such as restricting movement and forcibly transferring migrants to the Vučjak site, which is unsuitable for human occupation on account of severe health and safety risks for its residents. The government of Croatia has meanwhile been accused by some non-governmental organisations (NGOs) and international organisations of pushing migrants back into BiH, in violation of international norms on non-refoulement. Croatia has committed to investigate allegations of mistreatment of migrants and refugees at its external borders. The lack of appropriate policy responses in BiH has led to a humanitarian crisis in the Una-Sana Canton. In the absence of timely and serious preparation, and without better internal coordination among state-level and local authorities, BiH may face an even stronger humanitarian emergency this upcoming winter.

Detecting and protecting victims of trafficking in hotspots

15-07-2019

This study focuses on the issue of trafficking in human beings in the specific context of hotspots. It analyses the processes in place to facilitate the detection of victims when they arrive by sea on Greek and Italian shores, as well as the protection they are granted.

This study focuses on the issue of trafficking in human beings in the specific context of hotspots. It analyses the processes in place to facilitate the detection of victims when they arrive by sea on Greek and Italian shores, as well as the protection they are granted.

Common European Asylum System: achievements during the legislative term 2014-2019

08-04-2019

The right to asylum is a fundamental right and recognising the refugee status where the criteria are fulfilled is an international obligation, first recognised in the 1951 Geneva Convention on the protection of refugees and the Protocol of 31 January 1967 relating to the status of refugees. In the EU, an area of open borders and freedom of movement, Member States need to have a joint approach to guarantee high standards to persons in need of international protection through establishment of a ...

The right to asylum is a fundamental right and recognising the refugee status where the criteria are fulfilled is an international obligation, first recognised in the 1951 Geneva Convention on the protection of refugees and the Protocol of 31 January 1967 relating to the status of refugees. In the EU, an area of open borders and freedom of movement, Member States need to have a joint approach to guarantee high standards to persons in need of international protection through establishment of a Common European Asylum System based on fundamental rights. The European Parliament always strongly promoted a Common European Asylum System in accordance with the Union’s legal commitments. The Parliament worked as well as for the reduction of illegal migration as well as for the protection of vulnerable groups. In 2015, the unprecedented high number of arrivals of refugees and irregular migrants in the EU exposed a series of deficiencies and gaps in Union policies on asylum. Therefore, the European Commission proposed in May and July 2016 a third package of legislation to reform of the Common European Asylum System. and the European Parliament took an active part as a co-legislator to achieve this objective.

Resettlement of refugees: EU framework

29-03-2019

Resettlement is one tool to help displaced persons in need of protection reach Europe safely and legally, and receive protection for as long as necessary. It is a durable solution which includes selection and transfer of refugees from a country where they seek protection to another country. Apart from providing international protection to refugees, its aim is also to strengthen solidarity and responsibility-sharing between countries. For a resettlement to take place, the United Nations Refugee Agency ...

Resettlement is one tool to help displaced persons in need of protection reach Europe safely and legally, and receive protection for as long as necessary. It is a durable solution which includes selection and transfer of refugees from a country where they seek protection to another country. Apart from providing international protection to refugees, its aim is also to strengthen solidarity and responsibility-sharing between countries. For a resettlement to take place, the United Nations Refugee Agency (UNHCR) has to determine an applicant is a refugee according to the 1951 Geneva Convention, and has to identify resettlement as the most appropriate solution. On 13 July 2016, as part of the reform of the Common European Asylum System and the long-term policy on better migration management, the Commission presented a proposal which aims to provide for a permanent framework with standard common procedures for resettlement across the EU, and will complement current national and multilateral resettlement initiatives. Although a partial provisional agreement on the proposal was reached between the Parliament and Council in summer 2018, the Council has been unable to endorse that, nor agree on a mandate for further negotiations.

Reception of asylum-seekers - recast Directive

29-03-2019

States must treat asylum-seekers and refugees according to the appropriate standards laid down in human rights and refugee law. The current migration crisis revealed wide divergences in the level of reception conditions provided by Member States. While some are facing problems in ensuring adequate and dignified treatment of applicants, in others the standards of reception provided are more generous. This has led to secondary movements of asylum-seekers and refugees, and has put pressure on certain ...

States must treat asylum-seekers and refugees according to the appropriate standards laid down in human rights and refugee law. The current migration crisis revealed wide divergences in the level of reception conditions provided by Member States. While some are facing problems in ensuring adequate and dignified treatment of applicants, in others the standards of reception provided are more generous. This has led to secondary movements of asylum-seekers and refugees, and has put pressure on certain Member States. The aim of the proposed recast directive, which would replace the current Reception Conditions Directive, is to ensure greater harmonisation of reception standards and more equal treatment of asylum-seekers across all Member States, as well as to avoid ‘asylum shopping’ whereby asylum-seekers choose the Member State with the highest protection standards for their application. Although the co-legislators reached provisional agreement on the proposal in trilogue, Coreper was not able to confirm the Council’s support for that text and trilogue negotiations have yet to restart. Fourth edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

The integration of Refugees in Denmark, Finland and France

15-03-2019

This study presents a comparative overview of recent policy developments in Denmark, Finland and France. The focus of the analysis is on progress achieved in the last three years in the adaptation of the reception and integration system for the high numbers of new arrivals and on the main challenges encountered. Special attention is given to changes in perceptions, public opinion and political discourse with respect to the asylum and integration of refugees and how this influenced policy strategy ...

This study presents a comparative overview of recent policy developments in Denmark, Finland and France. The focus of the analysis is on progress achieved in the last three years in the adaptation of the reception and integration system for the high numbers of new arrivals and on the main challenges encountered. Special attention is given to changes in perceptions, public opinion and political discourse with respect to the asylum and integration of refugees and how this influenced policy strategy. The study has been commissioned bey Policy Department A at the request of the Employment and Social Affairs Committee.

Extern avdelning

Manuela SAMEK LODOVICI, Serena Marianna DRUFUCA, Anthea GALEA

Reform of the Dublin system

01-03-2019

The refugee and migrant crisis in Europe has exposed the need for reform of the Common European Asylum System, in general, and of the Dublin rules, in particular. The Commission’s proposal of 4 May 2016 to reform the Dublin system would not change the existing criteria for determining which Member State is responsible for examining an asylum application. Instead of a fundamental overhaul of the Dublin regime, as suggested by Parliament, the Commission proposed to streamline and supplement the current ...

The refugee and migrant crisis in Europe has exposed the need for reform of the Common European Asylum System, in general, and of the Dublin rules, in particular. The Commission’s proposal of 4 May 2016 to reform the Dublin system would not change the existing criteria for determining which Member State is responsible for examining an asylum application. Instead of a fundamental overhaul of the Dublin regime, as suggested by Parliament, the Commission proposed to streamline and supplement the current rules with a corrective allocation mechanism. This mechanism would be triggered automatically were a Member State to be faced with disproportionate numbers of asylum-seekers. If a Member State decided not to accept the allocation of asylum-seekers from another one under pressure, a ‘solidarity contribution’ per applicant would have to be made instead. An agreement on the balance between responsibility and solidarity regarding the distribution of asylum-seekers will be a cornerstone for the new EU asylum policy. Although Parliament’s LIBE committee adopted its positon in autumn 2017, the Council has been unable to reach a position on the proposal.

Reform of the Dublin system

01-03-2019

The refugee and migrant crisis in Europe has exposed the need for reform of the Common European Asylum System, in general, and of the Dublin rules, in particular. The Commission’s proposal of 4 May 2016 to reform the Dublin system would not change the existing criteria for determining which Member State is responsible for examining an asylum application. Instead of a fundamental overhaul of the Dublin regime, as suggested by Parliament, the Commission proposed to streamline and supplement the current ...

The refugee and migrant crisis in Europe has exposed the need for reform of the Common European Asylum System, in general, and of the Dublin rules, in particular. The Commission’s proposal of 4 May 2016 to reform the Dublin system would not change the existing criteria for determining which Member State is responsible for examining an asylum application. Instead of a fundamental overhaul of the Dublin regime, as suggested by Parliament, the Commission proposed to streamline and supplement the current rules with a corrective allocation mechanism. This mechanism would be triggered automatically were a Member State to be faced with disproportionate numbers of asylum-seekers. If a Member State decided not to accept the allocation of asylum-seekers from another one under pressure, a ‘solidarity contribution’ per applicant would have to be made instead. An agreement on the balance between responsibility and solidarity regarding the distribution of asylum-seekers will be a cornerstone for the new EU asylum policy. Although Parliament’s LIBE committee adopted its positon in autumn 2017, the Council has been unable to reach a position on the proposal. Third edition of a briefing originally drafted by Detelin Ivanov. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure. Please note this document has been designed for on-line viewing.

EU policies – Delivering for citizens: The migration issue

27-02-2019

Refugee movements and migration are at the centre of global attention. In recent years, Europe has had to respond to the most severe migratory challenge since the end of the Second World War. The unprecedented arrival of refugees and irregular migrants in the EU, which peaked in 2015, exposed a series of deficiencies and gaps in EU policies on asylum, external borders and migration. In response to these challenges, the EU has embarked on a broader process of reform aimed at rebuilding its asylum ...

Refugee movements and migration are at the centre of global attention. In recent years, Europe has had to respond to the most severe migratory challenge since the end of the Second World War. The unprecedented arrival of refugees and irregular migrants in the EU, which peaked in 2015, exposed a series of deficiencies and gaps in EU policies on asylum, external borders and migration. In response to these challenges, the EU has embarked on a broader process of reform aimed at rebuilding its asylum and migration policies based on four pillars: reducing the incentives for irregular migration by addressing its root causes, improving returns and dismantling smuggling and trafficking networks; saving lives and securing the external borders; establishing a strong EU asylum policy, and providing more legal pathways for asylum-seekers and more efficient legal channels for regular migrants. The record migratory flows to the EU witnessed during 2015 and 2016 had subsided by the end of 2017 and 2018. However, in order to deliver what the Commission calls an effective, fair and robust future EU migration policy, the EU, based on the Treaties and other legal and financial instruments, has been implementing both immediate and longer-term measures. Europe, due to its geographic position and its reputation as an example of stability, generosity and openness against a background of growing international and internal conflicts, climate change and global poverty, is likely to continue to represent an ideal refuge for asylum-seekers and migrants. This is also reflected in the growing amounts, flexibility and diversity of EU funding for migration and asylum policies inside as well as outside the current and future EU budget. See also the parallel Briefing on 'EU support for democracy and peace in the world', PE 628.271.

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