Written by Detelin Ivanov (2nd edition),
The current refugee and migrant crisis in Europe has called into question existing EU legislation on asylum, in particular the criteria according to which applicants for international protection can qualify for refugee or subsidiary protection status, as recognised in the Qualification Directive.
Although national asylum rules are more closely aligned than they were, major differences in approach persist across the EU. This can lead asylum-seekers to claim refuge in Member States whose asylum systems appear to be more generous, rather than in the Member State officially responsible for their asylum applications.
The Commission’s proposal of 13 July 2016 proposes to replace the Qualification Directive with a regulation, setting uniform standards for the recognition of people in need of protection and for the rights granted to beneficiaries of international protection.
Although Parliament and Council negotiators reached provisional agreement on the text in June 2018, this has not been confirmed by the Council, with further steps as yet to be determined.
- February 2019: ‘Reform of the Qualification Directive‘ (2nd edition)
|Proposal for a regulation of the European Parliament and of the Council on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted and amending Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents
|Committee responsible:||Civil Liberties, Justice and Home Affairs||COM(2016) 466
Ordinary legislative procedure (COD) (Parliament and Council on equal footing – formerly ‘co-decision’)
|Rapporteur:||Tanja Fajon (S&D, Slovenia)|
|Shadow rapporteurs:||Alessandra Mussolini (EPP, Italy)
Jussi Halla-Aho (ECR, Finland)
Angelika Mlinar (ALDE, Austria)
Barbara Spinelli (GUE/NGL, Italy)
Jean Lambert (Greens/EFA, UK)
Fabio Massimo Castaldo (EFDD, Italy)
|Next steps expected:||Further trilogue negotiations|