Amended Proposal for a Regulation establishing a common procedure for international protection in the Union

Summary:

Legislative initiative initially tabled by the European Commission on 13 July 2016, introducing a common procedure for international protection in the European Union (EU). The Commission put forward an amended version of this proposal on 23 September 2020. It aims to repeal Directive 2013/32/EU.

Further information:

Directive 2013/32/EU - also known as Asylum Procedures Regulation - sets up common procedures for granting and withdrawing international protection (refugee status and the protection given to people who are not refugees but who would risk serious harm if returned to their country of origin).

This proposal aims to revise and replace Directive 2013/32/EU. It was first put forward as part of a legislative package aimed at completing the reform of the Common European Asylum System (CEAS). It was tabled as a result of the Commission's response to the 2015 migration crisis, in an attempt to introduce a truly common procedure for international protection which is efficient, fair and balanced. By choosing the form of a Regulation, which is directly applicable in all Member States, and by removing elements of discretion as well as simplifying, streamlining and consolidating procedural arrangements, the proposal aimed at achieving a higher degree of harmonisation and greater uniformity in the outcome of asylum procedures across all Member States, thereby removing incentives for asylum shopping and secondary movements between Member States.

The European Parliament's relevant committee adopted a negotiating position and mandate for trilogue negotiations in April 2018. Despite numerous rounds of discussions, the Council of the European Union was unable to reach a general approach on this proposal. On 23 September 2020, the European Commission tabled an amended version of this proposal, as part of a legislative package launched alongside its New Pact on Migration and Asylum.

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• Alternative Source

Commentary and Analysis

European Council on Refugees and Exiles: ECRE Comments on the Commission Proposal for an Asylum Procedures Regulation (November 2016) https://www.ecre.org/wp-content/uploads/2016/11/ECRE-Comments-APR_-November-2016-final.pdf

International Commission of Jurists (via Statewatch): Common Asylum Procedure Regulation - ICJ comments on the current proposal of the Regulation (April 2017) https://www.statewatch.org/media/documents/news/2017/apr/eu-icj-comments-eu-asylum-procedures-directive-4-17.pdf

European Council on Refugees and Exiles: ECRE Comments on the on the Commission Amended Proposal for an Asylum Procedures Regulation (December 2020) https://www.ecre.org/ecre-comments-on-the-commission-amended-proposal-for-an-asylum-procedures-regulation-com-2020-611-border-asylum-procedures-and-border-return-procedures/

EPRS: Briefing, March 2021: Common procedure for asylum https://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2017)595920

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Official

EUR-Lex: COM(2016)467: Proposal for a Regulation establishing a common procedure for international protection in the Union http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2016:467:FIN

European Parliament: Legislative Observatory: Procedure File for Proposal on Common procedure for international protection in the Union https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2016/0224(COD)

European Parliament: Legislative Train Schedule: Reform of the Asylum Procedures Directive https://www.europarl.europa.eu/legislative-train/theme-promoting-our-european-way-of-life/file-jd-reform-of-the-asylum-procedures-directive/02-2021

UK Parliament: Written Statement, 16/12/2016: European Union opt-in decision: Asylum Measures https://questions-statements.parliament.uk/written-statements/detail/2016-12-16/HCWS374

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