The recast of the EU asylum Procedure and Reception Directives, July 2011

Find and download this policy paper which builds on a previous policy paper published by ILGA-Europe in January 2011. Read moreover about the key demands from ILGA-Europe and what you as a member organisation can do.

Download the policy paper here.

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This policy paper builds on a previous policy paper published by ILGA-Europe in January 2011. While significant progresses have been achieved in the negotiation process between the European Parliament and the Council as regards the asylum Qualification Directive, and while the European Asylum Support Office (EASO) recently became operational, the situation is quite different when it comes to the Procedure Directive, the Reception Conditions Directive and the Dublin II Regulation.

As a result, the European Commission published on 1st June 2011 new proposals on the Procedure and the Reception Conditions Directives. The recasting legislative procedure needs to re-start from the beginning. In this context, and taking into consideration the changes made by the Commission in its proposals as well as the position adopted by the European Parliament, ILGA-Europe needed to update its position on the two above mentioned directives.

ILGA-Europe’s key demands

  • ILGA-Europe calls on the European Parliament, the Council and the Commission to adopt a sensitive recast version of the asylum Procedure Directive, taking into consideration the amendments adopted by the European Parliament in April 2011. The new directive should include adequate definition and identification mechanisms for applicants in needs of special procedural guarantees. Special attention should also be given to the competence of the personnel in charge of interviewing applicants.
  • ILGA-Europe calls on the European Parliament, the Council and the Commission to adopt a sensitive recast version of the asylum Reception Conditions Directive. Consistency with other EU asylum law instruments should be ensured as regards claims relating to sexual orientation and gender identity. In particular, relevant special reception needs should be addressed, while protection from homophobic and transphobic assaults should be ensured in reception centres.

What can ILGA-Europe and its members do?

ILGA-Europe is monitoring this recasting process, and provides its input to improve the existing legislation. We are in a position to engage in a dialogue with the European institutions during the whole recast process. Another of our inputs is to bring to our members a better comprehension of the European standards.

ILGA-Europe will regularly communicate with its membership at national level. Lobbying and advocacy targeting national governments are also very important, and national LGBT organisations have a role to play.

Following the entry into force of the Lisbon Treaty, the recast directives and regulations will be adopted under the co-decision procedure, which is a reinforcement of the European Parliament’s role. However, the Council still has to adopt all the new legislative proposals by a qualified majority, and the debates are expected to be highly controversial.

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