The
Irish Presidency has advanced important developments to complete the final two
legislative measures on the processing of Asylum Claims forming part of the
Common European Asylum System (CEAS).
CEAS
is provided for in Article 78 of the Treaty on the Functioning of the European
Union. It provides that the Union shall develop a common policy on asylum,
subsidiary protection and temporary protection with a view to offering
appropriate status to any third country national requiring international
protection in accordance with the principle of non refoulement and the 1951
Geneva Convention on the Status of Refugees.
The
Irish presidency programme outlined the objectives to secure agreements in relation
to the Student and Researchers Directive, Seasonal Workers Directive and the
Intra Corporate Transfers Directive. The President also aims to establish the
Asylum and Migration Fund Regulation, an instrumental part of an overall
framework for EU financial support in the field of international security, to
contribute to the operational costs at national and EU level of border control.
Proposals
for compromise texts on the recast of the Asylum Procedures Directive and the
Eurodac Regulation have been approved by Member States. The adoption of these
measures remains subject to the approval of the European Parliament and the
Council.
Minister
for Justice, Equality and Defence, Alan Shatter, Chair of the Justice and Home
Affairs Council stated in relation to these developments:
"Completing
the Common European Asylum System will be an important milestone towards ensuring
the consistent and equitable treatment of asylum seekers irrespective of the
Member States in which they present their asylum application. 327,345 asylum
applications were received in the EU in 2012, an increase of 7.8% on the
previous year. It is vitally important that the Union has a system that ensures
that procedures for processing applications are both fair and effective but
also robust and not open to abuse. I am pleased that the Irish Presidency has
been able to advance discussions with the Parliament and we are now hopeful of
reaching an early agreement on this basis."
However,
whilst it is evident these developments mark an important progression in the area
of migrant reform, it must be noted that Ireland has ‘opted out’ of
participating in the revised laws which form part of the CEAS, and not signed
up to others including the Reception Conditions Directive. Only Ireland and
Denmark failed to sign up to the latter, however unlike Ireland, Denmark has
provided the right to work in separate legislation. Consequently Ireland will
not benefit fully from this important milestone towards ensuring the consistent
and equitable treatment of asylum seekers, placing Irish Immigration laws out
of line more now than ever with that of other European countries.
For
information on this item and further developments of the Irish Presidency see: http://eu2013.ie/news/news-items/20130327ceaspr/
Brophy Solicitors
04.04.13
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