Changes from report parliamentary committee draft to plenary report

In 2016 the European Commission proposed a reform of the Common European Asylum System (CEAS) that included changing some directives into fully harmonised regulations and for reception conditions the Commissions proposed a recast of the existing directive with some further harmonisation. The Rapporteur accepts the Commission’s choice of legal instrument but considers that further harmonisation is necessary within the directive.

The main elements of the Commission’s recast proposal aim to reduce asylum applicants leaving the Member State responsible for their application (secondary movements) by proposing punitive measures and increase integration of asylum applicants. The draft report of the Rapporteur also focusses on reducing secondary movement but is based on incentives and not punitive measures. As to integration, the Rapporteur proposes access to language courses and the labour market from day one of the application, to increase the applicant’s self-reliance and chances of integration in the host society. A further key element in the draft report aims to ensure that the fundamental rights of all asylum applicants are safeguarded and in order to achieve that the Rapporteur clarifies provisions for applicants with specific needs.

Reducing Secondary Movements

The Rapporteur does not share the punitive approach put forward in the Commission proposal but does accept that measures need to be taken to de-incentivise asylum applicants from leaving the Member State responsible for their application. The Rapporteur is of the view that the provision of high quality reception conditions, at the same level throughout the EU will be the most important factor in preventing secondary movements.

The draft report maintains the possibility for freedom of movement to be restricted in certain specific cases to prevent secondary movement but these cases have been limited and a number of safeguards, such as judicial review, have been added. The Rapporteur clarifies the definition of absconding and deletes the possibility to provide a lower standard of reception conditions (dignified standard of living). The draft report greatly restricts the use of detention and this will only be possible with the highest safeguards and under the strictest conditions.

Integration

The Rapporteur considers that applicants’ self-reliance and chances of integration in the host society will be truly increased if they have access to the labour market and language courses from day one of the procedure.

The Commission proposes to reduce the maximum period of nine months for access to the labour market by applicants to six months. The Rapporteur proposes to provide for immediate access to the labour market and deletes the possibility of using a labour market test. The Rapporteur’s proposal will mean that applicants whose applications are likely to be successful will be more self-reliant from the outset as they will be able to integrate effectively, learn the local language, and contribute to the host society.

The Rapporteur supports the Commission’s proposal for equal treatment of asylum applicants with EU nationals regarding working conditions, education, vocational training and the recognition of diplomas. In addition, the Rapporteur proposes that Member States shall provide language courses from the start the of the application procedure to increase integration prospects for the applicant in the Member State where they are living

To increase integration and stability for the applicants, the Rapporteur introduces the obligation for Member States to find appropriate housing from the outset to avoid applicants being rehoused in multiple reception centres and temporary accommodation.

Safeguarding fundamental rights

The Rapporteur believes that all asylum applicants should be safe during their application process and a key to achieving that by making sure the fundamental rights of all applicants are safeguarded within the reception process. Extra measures are necessary to protect the fundamental rights for applicants with special needs and the Rapporteur welcomes the Commission’s proposals for specific rules for applicants with special needs, which are further clarified in the draft report.

The Rapporteur underlines the importance of quick identification of persons with special reception needs and monitoring throughout the application procedure, training of personnel on the identification of persons with special reception needs, child-friendly reception conditions as well as full access to necessary healthcare, including sexual and reproductive health services and mental healthcare.

In addition, the Rapporteur’s proposal stresses the Member States’ obligations under international law, the EU’s common values as enshrined in Article 2 TEU and the Charter of Fundamental Rights of the European Union, United Nations Convention on the Rights of the Child and the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) to combat and prevent sexual and gender based violence, as well as all other forms of hate crime when providing accommodation.