Directive 2013/32 / EU (Asylum Procedure Directive)
 Directive 2013/32 / EU |
|
|---|---|
| Title: | Directive 2013/32 / EU of the European Parliament and of the Council of June 26, 2013 on common procedures for granting and withdrawing international protection |
| Designation: (not official) |
Asylum Procedures Directive |
| Scope: | European Union |
| Basis: | TFEU , in particular Article 78 (2) (d) |
| Procedure overview: |
European Commission European Parliament IPEX Wiki |
|
To be implemented in national law by: |
20th July 2018 |
| Reference: | OJ L 180 of June 29, 2013, pp. 60-95 |
| 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 2013/32 / EU of the European Parliament and of the Council of 26 June 2013 as the common procedures for granting and withdrawing international protection (recast) performs as part of the common European asylum system common procedures for granting and withdrawing international protection in accordance of Directive 2011/95 / EU .
content
- Chapter I (Articles 1 to 5): The general provisions specify the purpose, definitions, scope, competent authorities and the possibility of introducing more favorable provisions.
- Chapter II (Articles 6 to 30) regulates principles and guarantees.
- Chapter III (Articles 31 to 43) regulates the first-instance procedure, with Articles 36 and 37 defining the safe country of origin and Article 38 the safe third country .
- Chapter IV (Articles 44 and 45) regulates the procedure for withdrawing international protection.
- Chapter V (Article 46) regulates legal remedies.
- Chapter VI (Articles 47 to 53) contains final provisions.
The directive also includes the concept of the safe country of origin, which was already introduced in the previous directive 2005/85 / EC.
Article 31 (former Directive: Article 23) lays down the examination procedure which should be "brought to a conclusion as quickly as possible without prejudice to an adequate and complete examination". In particular, this article also specifies the circumstances under which Member States can use an accelerated examination procedure. Asylum procedures in the European Union will in future have to be completed within a maximum of six months. Under certain conditions, this period can be extended by a further nine months. The individual states had until July 20, 2018 to implement this requirement.
Former Asylum Procedures Directive
|
Directive 2005/85 / EC |
|
|---|---|
| Title: | Council Directive 2005/85 / EC of December 1, 2005 on minimum standards for procedures in Member States for granting and withdrawing refugee status |
| Designation: (not official) |
Asylum Procedures Directive |
| Scope: | European Union |
| Basis: | EC Treaty , in particular Article 63 paragraph 1 number 1 letter d |
| Procedure overview: |
European Commission European Parliament IPEX Wiki |
| Reference: | OJ L 326 of 13.12.2005, pp. 13-34 |
| 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 ! | |
Council Directive 2005/85 / EC of December 1, 2005 on minimum standards for procedures in member states for granting and withdrawing refugee status , also known as the Asylum Procedure Directive , laid down minimum standards for asylum procedures .
A much-cited basic principle was laid down in Article 18 of Directive 2005/85 / EC, according to which a person may not be detained for the sole reason that he has applied for international protection.
Article 36 of Directive 2005/85 / EC, which introduced the concept of safe third countries to which asylum seekers can be sent back, was particularly important in terms of tightening up asylum law. The directive also contains provisions that allow states to deport rejected asylum seekers before the final decision on their procedure has been taken .
Directive 2005/85 / EC already defined the concept of the safe country of origin in Articles 29 to 31 , but did not contain any lists of safe countries of origin. Instead, Article 29 provided for a common minimum list of safe countries of origin to be drawn up, which was to be drawn up in accordance with the criteria set out in Annex II. According to Article 30, member states could treat other states as safe countries of origin under certain circumstances.
See also
- Legal advice for asylum seekers
- Directive 2003/9 / EC (Asylum Reception Directive)
- Directive 2011/95 / EU (Qualification Directive)
- Directive 2008/115 / EC (Return Directive)
- Regulation (EU) No. 656/2014 (external sea borders regulation)
Web links
-
Asylum Procedure Directive:
- New version: Directive 2013/32 / EU (PDF) of the European Parliament and of the Council of June 26, 2013 on the common procedure for granting and withdrawing international protection.
- First version: Council Directive 2005/85 / EC of December 1, 2005 on minimum standards for procedures in member states for granting and withdrawing refugee status. In: Official Journal of the European Union L 326/13, December 13, 2005 (PDF; 137 kB).
- Cecilia Malmström , Member of the European Commission responsible for home affairs (ed.): Factsheet: The Common European Asylum System (CEAS). (PDF; 1.93 MB) Publications Office of the European Union, Luxembourg 2014.
- Nikolas Busse : The Common European Asylum System: No more the lottery. ( Memento from February 2, 2016 in the Internet Archive ) In: FAZ , June 12, 2013. Archived from the original on September 16, 2015.
- Factsheet: The Common European Asylum System (CEAS). (PDF) Publications Office of the European Union, Luxembourg 2014 (Section “ASYLUM PROCEDURE DIRECTIVE”, p. 4). Archived from the original on July 27, 2017.
