Refugee Protection The European Legal Framework A beginners

Refugee Protection – The European Legal Framework A beginner’s guide I. What legal framework are we referring to? European (International) law o European Convention on Human Rights o Association agreements of non-EU states (Switzerland, Norway, Liechtenstein, Iceland) or EU-states with an opt-out from the JHA (Denmark, [UK], [Ireland]) o Judication (ECHR, CJEU) European Union law o Primary law (Treaties) o Secondary law (Regulations and Directives) o Judication (CJEU) [EU-Member states national law o Constitutional law o Organic law o Judication (national courts and tribunals)]

II. What is regulated regarding refugee protection? Material law (What? ) Procedural law (How? )

III. Why European legislation on refugees? Material law: o Geneva Convention & Protocol need to be implemented in a concise way. o In a Union of Values, this implementation should be of comparable quality. o Different standards of implementation would eventually lead to massive secondary movement. Procedural law: o Schengen and Common Market put together led to an area of mostly free and unrestricted movement, which needed to be compensated by rules of competent jurisdiction. o In a Union of Values, procedural standards should be of comparable quality. o Different procedural standards would eventually lead to massive secondary movement. o Different social standards within the Union would eventually lead to massive secondary movement.

IV. Where do I find the relevant regulations? Primary Law o Art. 78 TFEU (asylum, subsidiary and temporary protection => uniform status, resp. common procedures), art. 79 TFEU (immigration) o Art. 6 TEU (CFR, ECHR) Common European Asylum System CEAS o Eurodac Regulation (2000/2013) o Temporary Protection Directive (2001) o Qualifications directive (2004/2011) o Dublin III Regulation (2013) o Reception Conditions Directive (2003/2013) o Asylum Procedures Directive (2004/2013) o European Asylum Support Office [EASO] Regulation (2010) o [Council Decisions 2015/1523 and 2015/1601 based on art. 78 III TFEU) Other legislation bearing on the topic o Family Reunification Directive (2003) o Long-term Residents Directive (2003) o Returns Directive (2008)

V. Let’s take a closer look at… … the Dublin III Regulation (on responsibility for procedures) o Unaccompanied minors family o Other family members o Issued visa (or visa requirement waived) o Irregular border crossing (or transit area application) o Exceptions: Sovereignty or Humanitarian clause … the Qualifications directive (on international protection status) o Only third country nationals o Uniform status for: * Refugees according to the Geneva Convention & Protocol * Subsidiary Protection … the Temporary Protection Directive (on ‘mass influx’) o Never invoked!

VI. Commission proposals to amend the CEAS Proposal for a Dublin IV Regulation o Solidarity and shared Responsibily o Fairness mechanism: * Quota according to population & GDP * When quota is exceeded by more than 150% redistribution to other countries (up to 100%) until the quota is at 150% again. * UNHCR resettlement taken into account. * Alternative: temporary opt-out, but financial compensation. o Other changes to Dublin III: * Stricter obligations for applicants (information, no secondary movement). * Unaccompanied minors will get priority. * Family definition extended. * Detention more difficult and shorter. o Other Changes: * Eurodac include biometrics, and also non-refugee-status persons. * EASO to become an Agency