Recent developments

Currently, the European Commission has presented proposals to recast the Asylum Procedures Directive, the Reception Conditions Directive and the Dublin II Regulation. These are expected to be agreed and adopted by the end of 2012. A recast version of the Qualification Directive was adopted by the European Parliament and the Council of Europe on 24 November 2011 and must be transposed by 21 December 2013.

In addition to work on the recast legislation, there have also been a number of European Court of Human Rights (ECtHR) and Court of Justice of the European Union (CJEU) cases which have had significant effects on the CEAS, such as the ECtHR case of M.S.S[2] in January 2011 and the CJEU cases of M.E. and N.S.[3] in December 2011.

In 2010, the Stockholm Programme (2010 – 2014) called for the CEAS to be finalised by the end of 2012; in addition it urged the Commission to consider whether it was necessary to propose new legislative instruments in the area and raised the possibility of responsibility sharing mechanisms between EU Member States. It invited the Commission to finalise its study on the feasibility and legal and practical implications of establishing joint or external processing of asylum applications. The Stockholm Programme also led to the establishment of the European Asylum Support Office which published its first Annual Report in June 2012.

 

[2] M.S.S v Belgium and Greece, Application No. 30696/09.

[3] C-411/10 N.S. v Secretary of State for the Home Department (United Kingdom) and C-493/10 M.E. and Others v Refugee Applications Commissioner, Minister for Justice, Equality and Law Reform (Ireland).