Main Debate

Has the EU set an adequate standard for reception conditions?

Main Points

Purposes of EU power over reception conditions

Objectives of the Reception Conditions Directive

Level of obligations in the Directive

Exceptions from obligations

EU Documents

Directive 2013/33/EU of 26 June 2013 of the European Parliament and of the Council laying down standards for the reception of applicants for international protection (recast), OJ L 180/96, 29 June 2013.

Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers.

Report from the Commission to the Council and to the European Parliament on the application of Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers, COM (2007) 745.

UNHCR Document

UNHCR, ’Annotated Comments on Council Directive 2003/9/EC of 27 January 2003 Laying Down Minimum Standards for the Reception of Asylum Seekers’, 1 July 2003.

UNHCR, N.S. v. Secretary of State for the Home Department in United Kingdom; M.E. and Others v. Refugee Application Commissioner and the Minister for Justice, Equality and Law Reform in Ireland – Written Observations of the United Nations High Commissioner for Refugees,1 February 2011, C-411/10 and C-493/10.

 

Cases

Saciri and Others, C-79/13, Court of Justice of the European Union, reference from the Arbeidshof te Brussels (Belgium), 15 February 2013.

Abdullahi v Bundesasylamt, C-394/12, Court of Justice of the European Union, 10 December 2013.

CIMADE and GISTI v. Ministry of Interior, C-179/11, Court of Justice of the European Union, 27 September 2012.

N.S. v Secretary of State for the Home Department: M.E. & others v Refugee Applications Commissioner, joined cases C-411/10 and C-493/10,  Court of Justice of the European Union, 11 December 2011.

M.S.S. v. Belgium and Greece, Grand Chamber, European Court of Human Rights, 21 January 2011 (see also Section VI.1.2).

 

Readings

Core

M. Garlick, ’Asylum-seekers and people in need of international protection’ in E. Guild, S. Carrera and K. Eisele (eds), Social Benefits and Migration: A contested relationship and policy challenge in the EU (Brussels: Centre for European Policy Studies, 2013).

E. Guild, ‘Seeking Asylum: Storm Clouds between International Commitments and EU Legislative Measures’, European Law Review, vol. 29 (2004), pp. 198–218.

 

Extended

N. Rogers, ‘Minimum Standards for Reception’, European Journal of Migration and Law, vol. 4 (2002), pp. 215–230.

Editor’s Note

Is the recast Directive likely to raise standards anywhere?

What disputes might arise concerning its interpretation?

What are the consequences (legal and otherwise) of States’ failure to respect their obligations to provide minimum reception conditions in practice?

 VI.2.4.2 Minimum Standards for Reception ConditionsVI.2.4.2 Minimum Standards for Reception Conditions

EU DocumentsEU Documents

UNHCR DocumentsUNHCR Documents

CasesCases