Common EU standards on asylum - Optional harmonisation and exclusive procedures?

European Journal of Migration and Law

Volumn 7, Issue 4, 2005, Pages 369-376

  Vedsted Hansen, Jens ^a  

^a AARHUS UNIVERSITY   (Denmark)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 33645151055     PISSN: 1388364X     EISSN: 15718166     Source Type: Journal    
DOI: 10.1163/157181605776293237     Document Type: Review

References (22)

1. Presidency Conclusions - Tampere European Council, 15-16 October 1999, SN 200/99, p. 3 (italics added). 2 Ibid., p. 4 (italics added).
2. Cf. Regulation No. 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third country national.
3. Commission working document: Towards common standards on asylum procedures, 3 March 1999, SEC (1999) 271 final, p. 6.
4. Proposal for a Council Directive on minimum standards on procedures in Member States for granting and withdrawing refugee status, 20 September 2000, COM (2000) 578.
5. See Steve Peers, 'Key Legislative Developments on Migration in the European Union', European Journal of Migration and Law, Vol. 3, No. 2 (2001), p. 240,
6. and Steve Peers, 'Key Legislative Developments on Migration in the European Union', European Journal of Migration and Law, Vol. 4, No. 3 (2002), pp. 344-45.
7. Amended proposal for a Council Directive on minimum standards on procedures in Member States for granting and withdrawing refugee status, 18 June 2002, COM (2002) 326. See critically Steve Peers, 'Key Legislative Developments on Migration in the European Union', European Journal of Migration and Law, Vol. 5, No. 1 (2003), pp. 109-12.
8. Council document: Amended proposal for a Council Directive on minimum standards on procedures in Member States for granting and withdrawing refugee status, 9 November 2004, 14203/04 -ASILE 64. Approved by the JHA Council 19 November 2004, subject to reconsultation of the EP, formally adopted as Directive 2005/85 of 1 december 2005.
9. See Chapter II of the Directive, laying down the detailed rules in Articles 6-22.
10. Article 27 (2) (c), of. Article 27 (1) (a)-(d).
11. Annex II to the Directive, of. Directive Article 29 and 30 (1).
12. Council document: Amended proposal for a Council Directive on minimum standards on procedures in Member States for granting and withdrawing refugee status, 23 April 2004, 8415/04 - ASILE 30, Annex II.
13. Cf. Statewatch press release of 27 September 2004: EU divided over list of 'safe countries of origin' - the list should be scrapped.
14. Similar criticism was voiced against pre-Amsterdam instruments in this regard, of. Gregor Noll and Jens Vedsted-Hansen, 'Non-Communitarians: Refugee and Asylum Policies', in: Philip Alston (ed.), The EU and Human Rights (1999), pp. 359-410.
15. Council Directive 2001/55 of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof.
16. Council Directive 2004/83 of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted.
17. Cf. Jens Vedsted-Hansen, 'Assessment of the Proposal for an EC Directive on the Notion of Refugee and Subsidiary Protection from the Perspective of International Law', in: Daphne Bouteillet-Paquet (ed.), Subsidiary Protection of Refugees in the European Union: Complementing the Geneva Convention? (2002), pp. 57-78.
18. Steve Peers, 'Key Legislative Developments on Migration in the European Union', European Journal of Migration and Law, Vol. 5, No. 3 (2003), pp. 393-98.
19. The Hague Programme: Strengthening freedom, security and justice in the European Union, Annex I to the Presidency Conclusions of the European Council 4-5 November 2004, para. 1.3.
20. Commission Communication: Towards a common asylum procedure and a uniform status, valid through-out the Union, 22 November 2000, COM (2000) 755 final, pp. 8-9.
21. Cf. Commission Communication: A More Efficient Common European Asylum System: The Single Procedure as the Next Step, 15 July 2004, COM (2004) 503 final, para. 27, and UNHCR Observations of 30 August 2004 on the Communication, para. 2-4. See differently Kai Hailbronner, Study on the single asylum procedure 'one-stop shop' against the background of the Common European Asylum System and the goal of a common asylum procedure (2003), p. 124.
22. See, for example, Conka v. Belgium, ECtHR judgment of 5 February 2002, para. 75-83, and the CoE Committee of Ministers' Recommendation No. R (98) 13 on the Right of Rejected Asylum Seekers to an Effective Remedy.