Recent Developments in the Area of Freedom, Security and Justice in the EU

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Recent Developments in the Area of Freedom,
Security and Justice in the EU

• University of Oslo
• Asylum Course
• 10 March 2006

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Aim for the lecture

• Overview and Background
• From Schengen to Amsterdam
• From Tampere to the Hague
• CEAS
• What is happening now?

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Migration

• Global dimension, 2005 200 mill. migrants
• Def. migrant person who has lived more than a
  year outside home country
• Regionally One step forward, two backward
• Complicating factors legal/illegal
  forced/voluntary
• Legislative and policy measures in the pipeline

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Legislative and Administrative Development

• Ad Hoc group Immigration
• Schengen Implementation Convention (1990/1995)
• Dublin Convention (1990/1997)
• Maastricht Treaty(1992/1993)
• Amsterdam Treaty (1997/1999)
• Follow-up Action Plan, Scoreboard, Tampere
  Conclusions

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Tampere

• Top level JHA-meeting 1999
• JHA area defined in terms of priorities
• Balanced approach Control/Rights
• Establishment of CEAS decided cf. Amsterdam treaty

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Main focus

• Partnerships with countries of origin
• Establishment of CEAS
• Fair treatment of third country nationals
• Management of migration flows

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Hague Programme (2004) and Plan og Action (June
2005)

• Translation of Hague Programme into Specific
  Measures
• Reiteration of importance attached to correct and
  timely transposition of legislative acts
• Effective implementation
• Evaluation in practice
• Retain certain degree of flexibility

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Key aspects of EU JHA policy2005-2010

• Protection of fundamental rights
• Implementation and evaluation
• Strengthening security
• External Relations

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Asylum and Migration Policy

• Comprehensive approach
• root causes of migration
• entry and admission policies
• Integration policies
• return policies

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Hague Action Plan 2005-2010

• Concrete examples of priorities
• Adoption of Procedures directive
• Conclusion of parallel agrements with Denmark on
  Dublin II and Eurodac
• Monitoring transposition of first phase legal
  instruments

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Cont. Action Plan priorities

• Second phase of CEAS
• Long term resident status for beneficiaries of
  international protection
• Second phase instruments
• Adopt directive on one single asylum procedure

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A Common European Asylum System (CEAS)

• Qualification directive (2004)
• Procedures directive (2005)
• Dublin Regulation (2003)
• Eurodac Regulation (2003)
• Reception Conditions directive (2003)
• Temporary Protection directive (2001)
• Refugee Fund (2005-2010)

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Second phase

• Transposition period
• Commission legal proceedings
• National implementation adm. and judicial
• EU judiciary development

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Cont. Second phase

• Coordination/cooperation among MS
• Majority voting
• Commission right to initiative
• EP role

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Qualification directive

• Definition of refugee
• Interpretation of concept of persecution
• Definition of subsidiary protection
• Rights pertaining to persons granted
  international protection
• Consequences?

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Procedures directive

• Controversy UNHCR, ECRE, EP
• Criticism e.g.
• - Exemptions
• - Appeal and suspensive effect
• - Safe third country concept
• - Safe home country

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Dublin and Eurodac

• Ref. next Wednesday
• Which country is resposnible for an asylum
  request?
• Dublin convention did not work
• Dublin II required
• Norways way into CEAS through the back door

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Directive on Reception Conditions

• Stop secondary movement
• Secure EU harmonisation within EU in line with
  1951 Conv. And ECHR

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Cont. Directive on reception conditions

• Minimum standard rights on e.g.
• - Housing
• - Work
• - Medical Care
• - Children other vulnerable groups
• - Education

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Cont. Reception conditions

• UK and asylum seekers who wait too long
• Germany and the right to work
• Relationship with Dublin
• Status on transposition
• Norways interest?

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What happens now?

• Commission to evaluate all CEAS instruments by
  2007
• Focus on external dimension
• Pilot projects
• Resettlement

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Cont. What happens now?

• Legislative proposals on
• - Return
• - Single procedure
• - Refugees and other persons rights as long term
  residents

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Cont. What happens now?

• Cooperation with home countries
• Establishment of funds
• - border control fund
• - integration fund
• - refugee fund (2005-2010)
• - return fund

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Cont. What happens now?

• Package in autumn 2005
• - Communication on regional protection
  programmes
• - Communication on integration
• - Communication on migration and development
• - Strategy on external dimension

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Cont. What happens now?

• Feb. 2006
• Communication on the establishment of structures
  improving the quality of decision making in the
  common European asylum system
• - Single procedure
• - Country of origin compilation
• - Amendment to Refugee Fund and ARGO

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• vvevstad_at_online.no