Directive 2011/95 / EU (Qualification Directive)

from Wikipedia, the free encyclopedia
European Union flag

Directive 2011/95 / EU

Title: Directive 2011/95 / EU of the European Parliament and of the Council of December 13, 2011 on standards for the recognition of third-country nationals or stateless persons as persons entitled to international protection, for a uniform status for refugees or for persons with the right to subsidiary protection and for the content of the protection to be granted
Designation:
(not official) 		Qualification Policy
Scope: EU
Basis: TFEU , in particular Article 78 paragraph 2 letters a and b
Procedure overview: European Commission
European Parliament
IPEX Wiki
To be
implemented in national law by: 		December 21, 2013
Reference: OJ L 337 of December 20, 2011, pp. 9-26
Full text Consolidated version (not official)
basic version
The regulation must have been implemented in national law.
Please note the information on the current version of legal acts of the European Union !

The Directive 2011/95 / EU of the European Parliament and of the Council of 13 December 2011 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 The content of the protection to be granted, also known as the qualification directive or recognition directive, defines standards for recognition as a refugee and for refugee status.

It is the revised version of the previous Qualification Directive, Directive 2004/83 / EC . This previous version already defined who can be recognized as a refugee and who is entitled to subsidiary protection. The latter is particularly available to war and civil war refugees who cannot claim individual persecution.

The revised directive appeared in the Official Journal of the European Union on December 20, 2011, came into force in parts on January 9, 2012 and had to be implemented in the member states by December 21, 2013; the previous version was also repealed on December 21, 2013.

content

The content of 2011/95 / EU is the following:

Chapter I (Articles 1 to 3) contains general provisions; in particular, Article 1 defines the subject matter and scope of the directive.

Chapter II (Articles 4 to 8) regulates the examination of applications for international protection, Chapter III (Articles 9 to 12) regulates recognition as a refugee and Chapter IV (Articles 13 to 14) regulates refugee status . With this regulation - in contrast to the Asylum Procedure Directive 2013/32 / EU - the travel and residence behavior during the flight, and thus a possible entry via safe third countries , does not play a role.

Chapter V (Articles 15 to 17) defines the requirements for entitlement to subsidiary protection and Chapter VI (Articles 18 to 19) defines the subsidiary protection status.

Chapter VII (Articles 20 to 34) defines the content of international protection; in particular also Article 23 safeguarding family ties , Article 24 the residence permit . Regarding family reunification, Article 23 grants family members of a person with international protection in paragraph 1 residence permits, travel documents and other benefits, but provides that the member states “for reasons of national security or public order” according to paragraph 3 “refuse, restrict or withdraw ”.

Chapter VIII (Articles 35 and 37) lays down administrative cooperation and the final provisions in Chapter IX (Articles 38 to 42) define reporting measures, implementation, entry into force and the addressees of the Directive.

Changes to the previous directive 2004/83 / EC

European Union flag

Directive 2004/83 / EC

Title: Council Directive 2004/83 / EC of April 29, 2004 on minimum standards for the recognition and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and on the content of the protection to be granted
Designation:
(not official) 		Qualification Policy
Scope: EU
Basis: EC Treaty , in particular Article 63 paragraph 1 number 1 letter c), number 2 letter a) and number 3 letter a)
Procedure overview: European Commission
European Parliament
IPEX Wiki
To be
implemented in national law by: 		October 10, 2006
Replaced by: Directive 2011/95 / EU
Expiry: December 21, 2013
Reference: OJ L 304 of 30.9.2004, pp. 12-23
Full text Consolidated version (not official)
basic version
Regulation has expired.
Please note the information on the current version of legal acts of the European Union !

Compared to the 2004 directive, the revised directive restricts the scope of the states and reduces the differences in the status and rights of refugees on the one hand and persons with subsidiary protection on the other. In particular, the new version grants these groups of people equal rights in family reunification and in access to the health system and the labor market.

The previous Council Directive 2004/83 / EC of April 29, 2004 on minimum standards for the recognition and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection, and on the content of the protection to be granted, also a qualification directive or Recognition Directive, laid down minimum standards that apply to recognition as a refugee and to refugee status.

Directive 2004/83 / EC was essentially based on the Convention on the Status of Refugees of July 28, 1951, known as the Geneva Refugee Convention  (GRC), as amended by the New York Protocol on the Status of Refugees of 1967.

National

Implementation in Germany

In 2013, the German Bundestag presented a draft law to implement the new version. On September 6, 2013, the law implementing Directive 2011/95 / EU was promulgated, which implements Directive 2011/95 / EU. It came into force partly on December 1, 2013, and partly on the day the law was promulgated. In particular, from 6 September 2013, Article 1 No. 45 of this Act shortened the work ban for asylum seekers with a residence permit laid down in Section 61 (2) AsylVfG (today's name: AsylG ) from twelve to nine months.

Directive 2011/95 / EU does not apply to the UK, Ireland and Denmark

Directive 2011/95 / EU of the European Parliament and of the Council of December 13, 2011 on standards for the recognition of third-country nationals or stateless persons as persons entitled to international protection, for a uniform status for refugees or for persons with the right to subsidiary protection and according to recitals (50) and (51), the following does not apply to the content of the protection to be granted for Great Britain, Ireland and Denmark:

" (50) According to Articles 1 and 2 and Article 4a (1) of the Protocol (No. 21) on the position of the United Kingdom and Ireland with regard to the area of ​​freedom, security and justice, annexed to the TEU and the TFEU, the The United Kingdom and Ireland, without prejudice to Article 4 of this Protocol, shall not be involved in the adoption of this Directive and are neither bound by nor subject to its application.
(51) According to Articles 1 and 2 of the Protocol (No. 22) on the position of Denmark annexed to the TEU and the TFEU, Denmark is not participating in the adoption of this Directive and is neither bound by this Directive nor obliged to apply it. "

See also

Web links

Individual evidence

  1. ↑ Draft of a law to implement Directive 2011/95 / EU. (PDF; 532 kB) Accessed May 1, 2013 .
  2. ↑ Law for the implementation of Directive 2011/95 / EU , buzer.de
  3. ↑ a b c DIRECTIVE 2011/95 / EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 December 2011 on standards for the recognition of third-country nationals or stateless persons as persons entitled to international protection, for a uniform status for refugees or for persons with the right to subsidiary protection and for the content of the protection to be granted, December 20, 2011, Official Journal of the European Union L 337/9, PDF file with 18 pages, accessed on June 23, 2019