Overview of the border procedure

Pages6-15
Border Procedures for Asylum Applications in EU+ Countries
6 | P a g e
2. Overview of the border procedure
Applications for international protection may be made at the border of an EU+ country or in a transit
zone before an applicant enters the territory. In these cases, EU+ countries may choose to decide on
such applications directly at the border or in transit zones. The procedure used in those cases is
commonly referred to as a àà
Figure 1. Map of EU+ countries which implement border procedures
Source: EASO.
The recast APD regulates the process for border procedures, primarily in Article 43.3 The recast APD
prescribes that border procedures can consist of examining the admissibility of the application or
undertaking a full examination in situations where accelerated procedures can be applied as well (see
recast APD, Articles 31(8) and 43(1)). Thus, border procedures can be implemented when the same
grounds apply as for accelerated procedures. Border procedures may also be conducted as
accelerated procedures.
According to the recast APD, Article 31(8), Member States may conduct a full examination of an
application for international protection in the border procedure (and/or accelerated procedure) on
3 The border procedure was also addressed in the previous version of the Asylum Procedures Directive that underlined a
pre-existing mechanism applied by Member States. Therefore, some EU+ countries may have several years of experience
using various forms of this procedure.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT