Members' Research Service By / May 10, 2017

Reform of the Qualification Directive [EU Legislation in Progress]

Written by Anja Radjenovic (3rd edition, updated on 17.01.2024). The 2015 refugee and migrant crisis in Europe has called into…

© RVNW / Fotolia

Written by Anja Radjenovic (3rd edition, updated on 17.01.2024).

The 2015 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.

The Parliament and the Council reached provisional agreement on the text in June 2018. After being blocked since 2018, the two institutions reached a final agreement on the regulation on 15 December 2022. However, the agreed text has not been formally adopted, pending progress on other related proposals in the asylum and migration field.

Versions

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 AffairsCOM(2016) 466
13.7.2016

2016/0223(COD)

Ordinary legislative
procedure (COD)
(Parliament and Council
on equal footing –
formerly ‘co-decision’)
Rapporteur:Matjaž Nemec (S&D, Slovenia)
Shadow rapporteurs:Lena Düpont (EPP, Germany)
Jan-Christoph Oetjen (Renew, Germany)
Alice Kuhnke (Greens/EFA, Sweden)
Assita Kanko (ECR, Belgium)
Annalisa Tardino (ID, Italy)
Miguel Urbán Crespo (The Left, Spain)
Next steps expected: Final first-reading vote in plenary
timeline-submitted-to-plenary

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