European Migration Law: policies and news in the field of asylum, immigration and free movement of people.

Asylum

COUNCIL DIRECTIVE 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status

1. Member States shall not hold a person in detention for the sole reason that he/she is an applicant for asylum.

2. Where an applicant for asylum is held in detention, Member States shall ensure that there is a possibility of speedy judicial review.

Article 18 – Mehmet Arslan C-534/11

Reception conditions of asylum seekers
- Council Directive 2003/9/EC reception conditions of asylum seekers
- Directive 2013/33/EU of 26 June 2013 laying down standards for the reception of applicants for international protection (RECAST)

Determination of the state responsible for examining an asylum application (“dublin“)
- Dublin Regulation
  - Council Regulation (EC) N° 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application
  - Regulation (EU) N° 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection (DUBLIN III recast)
- Implementing Regulation
  - Commission Regulation (EC) n°1560/2003 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 (Dublin II Regulation)
  - Commission Implementing Regulation (EU) N° 118/2014 amending Regulation (EC) N° 1560/2003 laying down detailed rules for the application of Council Regulation (EC) N° 343/2003 Dublin II
- Dublin and third countries
- Temporary derogation from Dublin rules: relocation of asylum seekers
  - Council Decision (EU) 2015/1523 establishing provisional measures in the area of international protection for the benefit of Italy and of Greece
  - Council Decision (EU) 2015/1601 of 22 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece

Comparison of fingerprints (“eurodac“)

Qualification of third country nationals as beneficiaries of international protection
- Council Directive 2004/83/EC on minimum standards for the qualification and status as refugees or as persons who otherwise need international protection - "Qualification Directive"
- Directive 2011/95/EU of 13 December 2011 standards for the qualification of persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection - "Qualification Directive II" (RECAST)

Procedures for granting and withdrawing refugee status
- Council Council Directive 2005/85/EC on minimum standards on procedures in Member States for granting and withdrawing refugee status - "Procedures Directive"
- Directive 2013/32/EU on common procedures for granting and withdrawing international protection - "Procedures Directive" (RECAST)

Temporary protection
- Council Directive 2001/55/EC on minimum standards for giving temporary protection

European Asylum Support Office (easo)
- Regulation (EU) n° 439/2010 establishing a European Asylum Support Office

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