Major developments in asylum in the European Union in 2019

Annual Report on the Situation of Asylum in the European Union
Section 2. Major developments in asylum in the
European Union in 2019
Section 2 presents an overview of the Common European Asylum System (CEAS) and the latest
developments in its evolution. It covers key asylum-related legislative and policy developments at
the EU level, the implementation of EU policy initiatives under the European Agenda on Migration
and an overview of jurisprudence by the Court of Justice of the EU (CJEU) in t he area of
international protection. Issues related to managing migration and asylum remained high on the
EU policy agenda, and progress was achieved in many areas of practical cooperation across EU+
countries in 2019.
2.1 The Common European Asylum System and current issues
The Common European Asylum System (CEAS) is a legal and policy framework developed to guarantee
harmonised and uniform standards for people seeking international protection in the EU. It is based
on an understanding that the EU, an area of open borders and freedom of movement where countries
share the same fundamental values, needs to have a common approach to implement transparent,
effective and equitable procedures.65 C EAS emphasises a shared responsibility to process applicants
for international protection in a dignified manner, ensuring fair treatment and similar procedures in
examining cases, irrelevant of the country where the application is lodged.66 At its core, CEAS aims to
Within the context of CEAS, the Tampere Declaration set out the foundation for a comprehensive
approach to migration by addressing political, human rights and developmental issues in countries
and regions of origin and t ransit.68 Through t his agreement with governments, legislative and policy
measures were adopted at the EU level to set a framework to manage high influxes of displaced
persons by accommodating persons in need of protection while supporting Member States
experiencing pressure on their asylum systems.69
A clear and functional process to determine which country
is responsible for examining an application for protection;
A set of common standards to inform fair and efficient
asylum procedures;
A set of common minimum conditions for the dignified
reception of applicants for protection; and
Convergence on the criteria for granting protection statuses and
for the content of protection associated with those statuses.
EASO Asylum Report 2020
After the first phase (from 1999 to 20 05), Member States reflected on the functioning of CEAS and
implemented improvements to the five legislations that govern the minimum standards of the
European asylum system:70
Recast Asylum Procedures Directive;71
Recast Reception Conditions Directive;72
Recast Qualification Directive;73
Recast Dublin III Regulation;74 and
Recast Eurodac Regulation.75
The increased and often uneven pressure that national asylum and reception systems in EU+
countries faced since 2015 presented both a challenge and an opportunity for EU+ c ountries to take
bold steps toward systemic and commonly-agreed solutions for further harmonisation, on t he basis
of solidarity and responsibility-sharing. A bove all, it underlined the importance o f the very existence
of CEAS and a common migration policy to have an EU-wide framework to manage mixed migratory
flows,iv including border management, international protection and the return of rejected applicants.
In the EU context, mixed migratory flows are defined as "complex migratory population movements,
including refugees, asylum seekers, economic migrants and other types of migrants as opposed to
migratory population movements that consist entirely of one category of migrants".
Towards the reform of the Common European Asylum System
Source: EASO.
iv Definition provided in the EMN Glossary:
Foundation of the CEAS and
comprehensive approach to migration
Functioning of the
Common European Asylum System
Towards a reform
of the CEAS
Framework for the interoperability
of EU information systems

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