Main Debates

What constitute appropriate minimum standards?

Harmonisation of standards v. deference to state law, policy and practice

Rights of vulnerable applicants to procedural protections (e.g. separated children, traumatized asylum-seekers)

Main Points

Low level of common minimum standards

Extended safeguards

Effective remedies

 

EU Documents

Directive 2013/32/EU of 26 June 2013 of the European Parliament and of the Council on common procedures for granting and withdrawing international protection (recast), OJ L 180/60, 29 June 2013.

Report from the Commission to the European Parliament and the Council on the application of Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status – COM (2010) 465, 8.9.2010.

Council Directive 2005/85/EC of 1 December 2005 on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status OJ L 326, 13 December 2005.

European Commission, Communication from the Commission to the Council and the European Parliament “A More Efficient Common European Asylum System: The Single Procedure as the Next Step”, COM (2004) 503, 17 July 2004.

UNHCR Documents

UNHCR, ’Comments on the European Commission’s proposal for a Directive of the European Parliament and of the Council on minimum standards on procedures in Member States for granting and withdrawing international protection’, COM (2009)554, 21 October 2009, August 2010.

UNHCR, ’Improving Asylum Procedures: Comparative analysis and recommendations for law and practice’, March 2010.

UNHCR, ’Provisional Comments on the Proposal for a Council Directive on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status’,(Council Document 14203/04, Asile 64, 9 November 2004), 10 February 2005.

Cases

H.I.D. and B.A. v Refugee Applications Commissioner and others (Ireland), C-175/11, Court of Justice of the European Union, 31 January 2013.

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, 21 December 2011.

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

European Parliament v. Council, C-133/06, 6 May 2008(Annulment of Articles 29(1) and (2) and 36(3) of Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status), European Court of Justice.

Brahim Samba Diouf v. Ministre du Travail, de l’Emploi et de l’Immigration, C-69/10, Court of Justice of the European Union, 27 July 2011.

Readings

Core

ECRE, ‘Information Note on the Council Directive 2005/85/EC of 1 December 2005 on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status’, October 2006.

R. Errera, ‘The Directive on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status’, Seminar on Current asylum issues and human rights, organized by the Warsaw Regional Administrative Court and the UNHCR Warsaw, Jablonna, 17–18 April 2007.

G. Gyulai, ‘Country Information in Asylum Procedures – Quality as a Legal Requirement in the EU’, Hungarian Helsinki Committee, 2007.

K. Zwaan (ed.), ‘The Procedures Directive: Central Themes, Problem Issues and Implementation in Selected Member States’ (Nijmegen: Wolf Legal Publishers, 2008).

Extended

D. Ackers, ‘The Negotiations on the Asylum Procedures Directive’, European Journal of Migration and Law, (2005) vol. 7, pp. 1–33.

J. van der Klaauw, ‘Towards a Common Asylum Procedure’, in E. Guild and C. Harlow (eds), Implementing Amsterdam: Immigration and Asylum Rights in EC Law (Oxford: Hart, 2001), pp. 165–194.

 VI.2.4.3 Minimum Standards for Normal ProceduresVI.2.4.3 Minimum Standards for Normal Procedures

EU DocumentsEU Documents

UNHCR DocumentsUNHCR Documents

CasesCases