Common procedure for asylum [EU Legislation in progress]

Written by Anita Orav (4th edition, updated on 08/03/2021),

As part of the common European asylum system (CEAS), the Asylum Procedures Directive sets out procedures for Member States for granting and withdrawing international protection in accordance with the Qualification Directive. Following the large influx of asylum-seekers to the European Union after 2014, the directive came under criticism for being too complex and for leaving Member States too broad discretion, leading to differences in treatment and outcomes.

On 13 July 2016, as part of the reform of the CEAS, the Commission published a proposal to replace the current directive with a regulation establishing a common procedure for international protection applicable in all participating Member States. The choice of a directly applicable regulation is expected to bring about harmonisation of the procedures, ensuring same steps, timeframes and safeguards across the EU.

The 2016 proposal having reached deadlock, the Commission proposed an amended regulation on 23 September 2020 under its new pact on asylum and migration, suggesting targeted amendments to help overcome certain contentious issues relating in particular to the border procedure and return. The amended proposal is currently being examined by the co-legislators with a view to fixing their positions in order to resume trilogue negotiations shortly.

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• Common procedure for asylum (4th edition)