BRUSSELS - With the adoption of the Asylum Procedures Directive at Justice and Home Affairs Council in Brussels on 1 December 2005, the EU completed the first phase of the Common European Asylum System. This Directive, along with the other legislative instruments on asylum already adopted by the Council, guarantees a minimum level of protection and safeguards in all Member States for those genuinely in need of international protection while helping prevent fraudulent claims which undermine the credibility of asylum.
The Directive will ensure that throughout the EU, all procedures at first instance are subject to the same minimum standards while maintaining consistency with international obligations in this field. The Directive seeks to harmonise national measures to speed up the examination of asylum applications, helping Member States to focus on more deserving cases. Moreover, all negative decisions on asylum applications will now have the possibility of judicial scrutiny.
Vice President Franco Frattini, Commissioner for Justice, Freedom and Security, said: "We have reached a major milestone. The importance of the adoption of the Asylum Procedures Directive cannot be underestimated. This Directive will significantly contribute to a level playing field on asylum across all 25 Member States and promote mutual confidence in Member States asylum systems. Adoption also means that further approximation of legislation and practice can be agreed in co-decision with the European Parliament and under the rules of Qualified Majority Voting."
The Vice President added: "This is one area where the EU really does add value. Asylum is an international challenge that can only be tackled through Member States acting together. In establishing a common system we are ensuring that the rights of asylum seekers are protected wherever they make their claim in Europe but that Member States are also well equipped to deal efficiently and fairly with those who do not qualify for protection". However, the Vice President also underlined that there was still work to be done in the EU asylum field, "The agreement of these minimum standards measures represents an important first step. The evaluation of the implementation of these measures will be essential in deciding what the Commission proposes next. The new role of the European Parliament in the decision-making process should also help us to raise standards and enable the EU to show much more ambition in deciding on a fully fledged Common European Asylum System."
The adoption of this last outstanding Directive of the first phase of the harmonisation of asylum in the EU will allow the Commission to start the necessary work to achieve the ambitious objective of a Common European Asylum System by 2010, as set out in the Hague Programme, comprising a common asylum procedure and a uniform status for persons in need of international protection.